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General Pershing Decorates General MacArthur With The Distinguished Service Cross
In law, to distinguish a case means a court decides the legal reasoning of a precedent case will not wholly apply due to materially different facts between the two cases. If distinguishing, two formal constraints must be apparent in the judgment of the later court: the expressed factors or relevant considerations in the ratio (legal reasoning) of the earlier case must be re-used or stated to apply but for an additional fact not envisaged by the earlier court, and the ruling in the later case must not expressly doubt (criticise) the result reached in the precedent case. The ruling made by the judge or panel of judges must be based on the evidence at hand and the standard binding precedents covering the subject-matter (they must be followed)
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Law
Law
Law
is a system of rules that are created and enforced through social or governmental institutions to regulate behavior.[2] Law
Law
is a system that regulates and ensures that individuals or a community adhere to the will of the state. State-enforced laws can be made by a collective legislature or by a single legislator, resulting in statutes, by the executive through decrees and regulations, or established by judges through precedent, normally in common law jurisdictions. Private individuals can create legally binding contracts, including arbitration agreements that may elect to accept alternative arbitration to the normal court process. The formation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein
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Merritt V Merritt
Merritt may refer to: Merritt (surname) Merritt L
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Special
Special
Special
or the specials or variation, may refer to:.mw-parser-output .tocright float:right;clear:right;width:auto;background:none;padding:.5em 0 .8em 1.4em;margin-bottom:.5em .mw-parser-output .tocright-clear-left clear:left .mw-parser-output .tocright-clear-both clear:both .mw-parser-output .tocright-clear-none clear:none Contents1 Policing 2 Literature 3 Film and television 4 Music4.1 Albums 4.2 Songs5 Computing 6 Other uses 7 See alsoPolicing[edit] Specials, Ulster
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Stanford University
Leland Stanford
Leland Stanford
Junior University
University
(Stanford University
University
or Stanford)[11] is a private research university in Stanford, California. Stanford is known for its academic strength, wealth, selectivity, proximity to Silicon Valley, and ranking as one of the world's top universities.[12][13][14][15][16] The university was founded in 1885 by Leland and Jane Stanford
Jane Stanford
in memory of their only child, Leland Stanford
Leland Stanford
Jr., who had died of typhoid fever at age 15 the previous year. Stanford was a U.S. Senator and former Governor of California
California
who made his fortune as a railroad tycoon
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Oxford University Press
Oxford
Oxford
University Press (OUP) is the largest university press in the world,[1] and the second oldest after Cambridge University
Cambridge University
Press. It is a department of the University of Oxford
University of Oxford
and is governed by a group of 15 academics appointed by the vice-chancellor known as the delegates of the press. They are headed by the secretary to the delegates, who serves as OUP's chief executive and as its major representative on other university bodies
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Persuasive Authority
In legal systems based on case law, a precedent, or authority, is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts [1]. Common law
Common law
legal systems place great value on deciding cases according to consistent principled rules so that similar facts will yield similar and predictable outcomes, and observance of precedent is the mechanism by which that goal is attained. The principle by which judges are bound to precedents is known as stare decisis
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Opinion
An opinion is a judgment, viewpoint, or statement that is not conclusive.Contents1 Definition 2 Epistemology 3 Collective and professional opinions3.1 Public opinion 3.2 Group opinion 3.3 Scientific opinion 3.4 Legal opinion 3.5 Judicial opinion 3.6 Editorial
Editorial
opinion4 See also 5 Notes 6 External linksDefinition[edit] A given opinion may deal with subjective matters in which there is no conclusive finding, or it may deal with facts which are sought to be disputed by the logical fallacy that one is entitled to their opinions. Distinguishing fact from opinion is that facts are verifiable, i.e. can be agreed to by the consensus of experts. An example is: "United States of America was involved in the Vietnam War," versus "United States of America was right to get involved in the Vietnam War"
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Case Law
Case law
Case law
is a set of past rulings by tribunals that meet their respective jurisdictions' rules to be cited as precedent. These interpretations are distinguished from statutory law, which are the statutes and codes enacted by legislative bodies, and regulatory law, which are regulations established by executive agencies based on statutes. The term "case law" is applied to any set of previous rulings by an adjudicatory tribunal that guides future rulings; for example, patent office case law. In common law countries the term is used for judicial decisions of selected appellate courts, courts of first instance, agency tribunals, and other bodies discharging adjudicatory functions
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Obiter Dictum
Obiter dictum (usually used in the plural, obiter dicta) is Latin phrase meaning "by the way",[1] that is, a remark in a judgment that is "said in passing". It is a concept derived from English common law, whereby a judgment comprises only two elements: ratio decidendi and obiter dicta. For the purposes of judicial precedent, ratio decidendi is binding, whereas obiter dicta are persuasive only.Contents1 Significance of obiter dicta 2 Obiter dicta in the UK 3 Obiter dicta in the US 4 Dissenting judgments or opinions 5 Semble 6 Notes 7 External linksSignificance of obiter dicta[edit] A judicial statement can be ratio decidendi only if it refers to the crucial facts and law of the case. Statements that are not crucial, or which refer to hypothetical facts or to unrelated law issues, are obiter dicta
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Rylands V Fletcher
Rylands v Fletcher
Rylands v Fletcher
[1868] UKHL 1 was a decision by the House of Lords which established a new area of English tort law. Rylands employed contractors to build a reservoir, playing no active role in its construction. When the contractors discovered a series of old coal shafts improperly filled with debris, they chose to continue work rather than properly blocking them up. The result was that on 11 December 1860, shortly after being filled for the first time, Rylands' reservoir burst and flooded a neighbouring mine, run by Fletcher, causing £937 worth of damage, equivalent to £102,768 [1] in 2015 terms. Fletcher brought a claim under negligence against Rylands, through which the case eventually went to the Exchequer of Pleas.[2] The majority ruled in favour of Rylands
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Breach Of Contract
Breach of contract
Breach of contract
is a legal cause of action and a type of civil wrong, in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other party's performance. Breach occurs when a party to a contract fails to fulfill his or her obligation as described in the contract, or communicates an intent to fail the obligation or otherwise appears not to be able to perform his or her obligation under the contract.[1]Contents1 Minor breaches 2 Material breach 3 Fundamental brea
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Balfour V Balfour
Balfour v Balfour
Balfour v Balfour
[1919] 2 KB 571 is a leading English contract law case. It held that there is a rebuttable presumption against an intention to create a legally enforceable agreement when the agreement is domestic in nature.Contents1 Facts 2 Judgment 3 Significance 4 See also 5 Notes 6 External linksFacts[edit] Mr Balfour was a civil engineer, and worked for the Government as the Director of Irrigation
Irrigation
in Ceylon
Ceylon
(now Sri Lanka). Mrs Balfour was living with him. In 1915, they both came back to England during Mr Balfour's leave. But Mrs Balfour had developed rheumatic arthritis. Her doctor advised her to stay in England, because the Ceylon
Ceylon
climate would be detrimental to her health. Mr Balfour's boat was about to set sail, and he orally promised her £30 a month until she came back to Ceylon
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Legal Case
A legal case is a dispute between opposing parties resolved by a court, or by some equivalent legal process. A legal case may be either civil or criminal. In each legal case there is an accuser and one or more defendants.Contents1 A civil case1.1 A family case2 A criminal case 3 Common elements3.1 Designation and citation4 See also 5 References 6 External linksA civil case[edit] A civil case, more commonly known as a lawsuit or controversy, begins when a plaintiff files a document called a complaint with a court, informing the court of the wrong that the plaintiff has allegedly suffered because of the defendant, and requesting a remedy. The remedy sought may be money, an injunction, which requires the defendant to perform or refrain from performing some action, or a declaratory judgment, which determines that the plaintiff has certain legal rights. The remedy will be prescribed by the court if the plaintiff wins the case
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Negligence
Negligence
Negligence
(Lat. negligentia)[1] is a failure to exercise the appropriate and or ethical ruled care expected to be exercised amongst specified circumstances.[2] The area of tort law known as negligence involves harm caused by failing to act as a form of carelessness possibly with extenuating circumstances. The core concept of negligence is that people should exercise reasonable care in their actions, by taking account of the potential harm that they might foreseeably cause to other people or property.[3] Someone who suffers loss caused by another's negligence may be able to sue for damages to compensate for their harm. Such loss may include physical injury, harm to property, psychiatric illness, or economic loss
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Tort
A tort, in common law jurisdictions, is a civil wrong[1] that causes someone else to suffer loss or harm resulting in legal liability for the person who commits the tortious act. The person who commits the act is called a tortfeasor. Although crimes may be torts, the cause of legal action is not necessarily a crime, as the harm may be due to negligence which does not amount to criminal negligence. The victim of the harm can recover their loss as damages in a lawsuit. In order to prevail, the plaintiff in the lawsuit, commonly referred to as the injured party, must show that the actions or lack of action was the legally recognizable cause of the harm. The equivalent of tort in civil law jurisdictions is delict. Legal injuries are not limited to physical injuries and may include emotional, economic, or reputational injuries as well as violations of privacy, property, or constitutional rights
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