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Cort v. Ash, 422 U.S. 66 (1975), was a case in which Justice William J. Brennan writing for a unanimous United States Supreme Court articulated a four factor test for federal courts to apply when deciding whether the implication doctrine allows a cause of action to be inferred from a federal statute that does not clearly state a civil remedy.
The problem of free will has been identified in ancient Greek philosophical literature. The notion of compatibilist free will has been attributed to both Aristotle (4th century BCE) and Epictetus (1st century CE): "it was the fact that nothing hindered us from doing or choosing something that made us have control over them".
Jurisprudence, also known as theory of law or philosophy of law, is the examination in a general perspective of what law is and what it ought to be.It investigates issues such as the definition of law; legal validity; legal norms and values; as well as the relationship between law and other fields of study, including economics, ethics, history, sociology, and political philosophy.
Actio libera in causa (frequently abbreviated as a.l.i.c., [1] Latin for "action free in its cause") is a law principle in a typical Western law system (both common law and civil law). The doctrine means that even if the person was not free to choose the course of action while performing an offence , he can still be held responsible for it if ...
This means that the plain meaning rule (and statutory interpretation as a whole) should only be applied when there is an ambiguity. Because the meaning of words can change over time, scholars and judges typically will recommend using a dictionary to define a term that was published or written around the time the statute was enacted. Technical ...
Employed when an adult brings suit on behalf of a minor, who was unable to maintain an action on his own behalf at common law. per quod: by which Used in legal documents in the same sense as "whereby". A per quod statement is typically used to show that specific acts had consequences which form the basis for the legal action. per se: by itself
In his view, we cannot have free will if our actions are causally determined by factors beyond our control, or if our actions are indeterministic events – if they happen by chance. Pereboom conceives of free will as the control in action required for moral responsibility in the sense involving deserved blame and praise, punishment and reward ...
The term is not defined in statute law, but has been defined in legal cases. One case was Keaveney v. Geraghty, [3] where the plaintiff's libel proceedings were stayed on the grounds that they were, inter alia, frivolous, vexatious, and "an abuse of the process of the Court". The plaintiff was effectively declared a vexatious litigant.