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In legal research, a primary authority is a term referring to statements of law that are binding upon the courts, government, and individuals. Primary authority is usually in the form of a document that establishes the law, and if no document exists, is a legal opinion of a court. The search for applicable primary authority is the most ...
The Restatement (Second) of the Law of Contracts is a legal treatise from the second series of the Restatements of the Law, and seeks to inform judges and lawyers about general principles of contract common law. It is one of the best-recognized and frequently cited legal treatises [1] in all of American jurisprudence.
A legal norm is a binding rule or principle, or norm, that organisations of sovereign power promulgate and enforce in order to regulate social relations.Legal norms determine the rights and duties of individuals who are the subjects of legal relations within the governing jurisdiction at a given point in time.
In international law, a mandate is a binding obligation issued from an inter-governmental organisation (e.g. the United Nations) to a country which is bound to follow the instructions of the organisation. Before the creation of the United Nations, all mandates were issued from the League of Nations.
Eisenhower / Operation of law: death 4 John Cooper Godbold: AL: 1920–2009 1981–1987 [b] 1981–1986 1987–2009 L. Johnson / Operation of law: death 5 David William Dyer: FL: 1910–1998 — — 1981–1998 [b] L. Johnson / Operation of law: death 6 John Milton Bryan Simpson: FL: 1903–1987 — — 1981–1987 [b] L. Johnson / Operation of ...
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 ...
A referendum can be binding or advisory. [15] In some countries, different names are used for these two types of referendum. Referendums can be further classified by who initiates them. [16] David Altman proposes four dimensions that referendums can be classified by: [17] Mandatory (legally required) vs Optional (ad hoc) Binding vs consultative
Discover Bank v. Superior Court (113 P. 3d 1100 (Cal. 2005)): Held a class action waiver in an arbitration clause unconscionable when disputes will involve small amounts of damages and are part of a scheme by a company with superior bargaining power to deliberately cheat many consumers (the "Discover Bank test").