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Precedent is a judicial decision that serves as an authority for courts when deciding subsequent identical or similar cases. [1] [2] [3] 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.
Talton v. Mayes, 163 U.S. 376 (1896) Constitutional protections including the provisions of the Bill of Rights do not apply to the actions of American Indian tribal governments. Lone Wolf v. Hitchcock, 187 U.S. 553 (1903) Congress may use its plenary power to unilaterally break treaty obligations between the United States and Native American ...
John Tyler was the first vice president to assume the presidency during a presidential term, setting the precedent that a vice president who does so becomes the fully functioning president with a new, distinct administration. [13] Throughout most of its history, American politics has been dominated by political parties. The Constitution is ...
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.
The Supreme Court overturned English common law precedent to increase the burden of proof for defamation and libel suits, most notably in New York Times Co. v. Sullivan (1964). Commercial speech, however, is less protected by the First Amendment than political speech, and is therefore subject to greater regulation.
Jay, Rutledge, and Ellsworth Courts (October 19, 1789 – December 15, 1800); Marshall Court (February 4, 1801 – July 6, 1835); Taney Court (March 28, 1836 – October 12, 1864)
United States v. Throckmorton (98 U.S. 61) is an 1878 decision of the U.S. Supreme Court on civil procedure, specifically res judicata, in cases heard at equity.A unanimous Court affirmed an appeal of a decision by the District Court for California upholding a Mexican-era land claim, holding that collateral estoppel bars untimely motions to set aside the verdict where the purportedly ...
Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984), was a landmark decision of the United States Supreme Court that set forth the legal test used when U.S. federal courts must defer to a government agency's interpretation of a law or statute. [1]