Search results
Results from the WOW.Com Content Network
Le grand docteur sophiste, 1886 illustration of Gargantua by Albert Robida, expressing mockery of his casuist education. Casuistry (/ ˈ k æ zj u ɪ s t r i / KAZ-ew-iss-tree) is a process of reasoning that seeks to resolve moral problems by extracting or extending abstract rules from a particular case, and reapplying those rules to new instances. [1]
Kahler relies on Finger v. State, 117 Nev. 548, 569, 27 P.3d 66 (2001), in which the Nevada Supreme Court held legal insanity is a fundamental principle of the criminal law of this country. But the Bethel court considered and rejected the reasoning of the Nevada Supreme Court in Finger, and we adhere to our Bethel decision. [11]
In the IRAC method of legal analysis, the "issue" is simply a legal question that must be answered. An issue arises when the facts of a case present a legal ambiguity that must be resolved in a case, and legal researchers (whether paralegals, law students, lawyers, or judges) typically resolve the issue by consulting legal precedent (existing statutes, past cases, court rules, etc.).
The adequate and independent state ground doctrine states that when a litigant petitions the U.S. Supreme Court to review the judgment of a state court which rests upon both federal and non-federal (state) law, the U.S. Supreme Court does not have jurisdiction over the case if the state ground is (1) “adequate” to support the judgment, and ...
For example, UpToDate was created in the early 1990s. [53] The Cochrane Collaboration began publishing evidence reviews in 1993. [44] In 1995, BMJ Publishing Group launched Clinical Evidence, a 6-monthly periodical that provided brief summaries of the current state of evidence about important clinical questions for clinicians. [54]
The ancient Jewish law of the Talmud used a "follow the majority" rule to resolve cases of doubt. [ 5 ] : 172–5 From the invention of insurance in the 14th century, insurance rates were based on estimates (often intuitive) of the frequencies of the events insured against, which involves an implicit use of a statistical syllogism.
Faretta v. California, 422 U.S. 806 (1975), was a case in which the Supreme Court of the United States held that criminal defendants have a constitutional right to refuse counsel and represent themselves in state criminal proceedings.
The law of most of the states is based on the common law of England; the notable exception is Louisiana, whose civil law is largely based upon French and Spanish law.The passage of time has led to state courts and legislatures expanding, overruling, or modifying the common law; as a result, the laws of any given state invariably differ from the laws of its sister states.