Since the U.S. legal system has a common-law system, higher court decisions are binding on lower courts in cases with similar facts that raise similar issues. The concept of precedent, orStare Decisis, means to follow or adhere to previously decided cases in judging the case at bar. It ...
THE RULE OF LAW, THE DOCTRINE OF LEGITIMATE EXPECTATIONS AND THE CONSTITUTIONAL COURT OF THE REPUBLIC OF CROATIABlagojevi, AnitaMajnari, MarijanaEU & Comparative Law Issues & Challenges Series (ECLIC)
The trial court denied relief, saying the papers introduced by the plaintiff as a purported real estate contract between the parties did not constitute a valid contract. In fact, the court could not discern the terms of the purported contract. The plaintiff appealed. Harman v. 105 Partners, ...
<guidisPermaLink="false">http://courtingthelaw.com/?p=452275</guid> <description> <![CDATA[ You have successfully finished law school with a degree in one of the most noble and traditional professions. Preceding you lies a rich history of many […] The post An Open Letter to Law Neophy...
In 'Harte v. BOCC', the Tenth Circuit explains how to apply the law of the case doctrine and the mandate rule when there is no majority reasoning for a remand. Law.com Parties often disagree about what to do at the district court on remand following an appeal. While the law of the ...
The functionality doctrine incorporates two categories that must be met: Use in commerce Distinctiveness Use In Commerce For a mark to be eligible for trademark protection, it must be used in commerce. This is because trademark law is grounded in the ability of Congress to regulate interstate ...
previousjudge'scase,andtheUnitedKingdomandtheUnited Statesastherepresentative,IndiaisaBritishcolony,it shouldbetheAngloAmericanlawsystem Thecivillawsystemisthestatutelaw.Thelegalbasisofthe trialisthelawenactedbytheparliamentorlegislature, representedbyFranceandGermany,andChinaisthecontinental lawsystem Civillawand...
The study of the of the IACHR case law, shows that the Court has developed a theory of the applicability of fundamental rights in private relations within the Latin American context, with the ultimate goal of approaching the most important social problems of Latin American contemporary history. Th...
This CLE webinar will discuss current developments and emerging trends in the law of qualified immunity. The panel will offer an overview of how the doctrine developed, current federal and state jurisprudence, and how courts determine if a right is clearly established. The panel will also discuss...
states. A significant shift in the search engine’s Google Ads gambling and games policy, this move is indicative of the company’s responsiveness to the evolving legal landscape surrounding online gaming and lottery courier services. Industry stakeholders must navigate this new advertising landscape ...