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United States v. Windsor, 570 U.S. 744 (2013) Section 3 of the Defense of Marriage Act (1 U.S.C. § 7), which defines—for federal law purposes—the terms "marriage" and "spouse" to apply only to marriages between one man and one woman, is a deprivation of the equal liberty of the person protected by the Due Process Clause of the Fifth Amendment.
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.
Term used in contract law to specify terms that are voided or confirmed in effect from the execution of the contract. Cf. ex nunc. Ex turpi causa non oritur actio: ex nunc: from now on Term used in contract law to specify terms that are voided or confirmed in effect only in the future and not prior to the contract, or its adjudication. Cf. ex ...
The Moorcock 14 P.D. 64 (1889): the concept of implied terms in contract law. Carlill v Carbolic Smoke Ball Company [1893] 1 QB 256: establishing the test for formation of a contract . Dunlop Pneumatic Tyre v Selfridge and Co. Ltd. [1915] A.C. 847: confirming privity of contract : only a party to a contract can be sued on it.
The contemporary national legal systems are generally based on one of four major legal traditions: civil law, common law, customary law, religious law or combinations of these. However, the legal system of each country is shaped by its unique history and so incorporates individual variations. [ 1 ]
The following pages contain lists of legal terms: List of Latin legal terms; List of legal abbreviations; List of legal abbreviations (canon law) on Wiktionary: Appendix: English legal terms; Appendix: Glossary of legal terms
The origins of the doctrine of falsus in uno, falsus in omnibus in the common law have been traced as far back as the Stuart Treason Trials in the late seventeenth century. [7] However, the widespread acceptance of the principle in seventeenth century English courts suggests that the doctrine has much earlier roots. [ 8 ]
Ealdred v High Sheriff of Yorkshire (c.1068); Wulfstan v Thomas (1070) [1] [2]; R v Roger de Breteuil; Trial of Penenden Heath (1071) [3] [4] regarded by some commentators as "one of the most important events in the early history of English Law because of the light it sheds on the relationship between Norman Law and English Law" with the trial being a possible indication of Norman respect for ...