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through the court A decision delivered by a multi-judge panel, such as an appellate court, in which the decision is said to be authored by the court itself, instead of situations where those individual judges supporting the decision are named. / ˌ p ɜːr ˈ k j uː r i æ m / per incuriam: by their neglect A judgement given without reference ...
Unlike a law dictionary, which arranges and defines legal words and phrases individually and in alphabetical order, a legal terminology textbook arranges and defines legal words and phrases in groups and by topic. As a result, a student or other person interested in understanding an array of related legal words and phrases may prefer to use a ...
The Court a quo is the court from which a cause has been removed to a higher court, which latter is called the Court ad quem. [2] A vinculo matrimonii. (Lat. from the bond of matrimony) A term descriptive of a kind of divorce, which effects a complete dissolution of the marriage contract. [1] Abactor. l. A cattle-stealer. [3] Abandonment ...
If a court decides that an opinion should be published, the opinion may be included in a volume from a series of books called law reports ('reporters' in the United States). Published opinions of courts are also collectively referred to as case law, and constitute in the common law legal systems one of the major sources of law. [1]
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 ...
The holding is a court's determination of a matter of law based on the issue presented in the particular case.In other words: under this law, with these facts, this result. It is the same as a 'decision' made by the judge; however "decision" can also refer to the judge's entire opinion, containing, for example, a discussion of facts, issues, and law as well as the holding.
Judicial interpretation is the way in which the judiciary construes the law, particularly constitutional documents, legislation and frequently used vocabulary.This is an important issue in some common law jurisdictions such as the United States, Australia and Canada, because the supreme courts of those nations can overturn laws made by their legislatures via a process called judicial review.
In some cases, a previous dissent is used to spur a change in the law, and a later case will write a majority opinion for the same rule of law formerly cited by the dissent. The dissent may disagree with the majority for any number of reasons: a different interpretation of the case law, use of different principles, or a different interpretation ...