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Case history; Prior: Mottley v. Louisville & Nashville R.R., 150 F. 406 (C.C.W.D. Ky. 1907) Subsequent: 133 Ky. 652, 118 S.W. 982 (1909); reversed, 219 U.S. 467 (1911): Holding; A suit arises under the Constitution and laws of the United States only when the plaintiff's statement of his own cause of action shows that it is based upon those laws or that Constitution.
A brief (Old French from Latin "brevis", short) is a written legal document used in various legal adversarial systems that is presented to a court arguing why one party to a particular case should prevail. In England and Wales (and other Commonwealth countries, e.g., Australia) the phrase refers to the papers given to a barrister when they are ...
A bench memorandum (pl. bench memoranda) (also known as a bench memo) is a short and neutral memorandum that summarizes the facts, issues, and arguments of a court case. Bench memos are used by the judge as a reference during preparation for trial, the hearing of lawyers' arguments, and the drafting of a decision and also to give the judge an ...
Rather, these factors are useful analytical tools only to the degree that, in any given case, they bear upon the centrally relevant consideration — whether the area in question is so intimately tied to the home itself that it should be placed under the home's "umbrella" of Fourth Amendment protection.
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.).
For example, Lexis for Microsoft Office integrates with the LexisNexis research platform and can check whether the citations conform to the rules of the jurisdiction and provide alerts that indicates when a cited case has been questioned or overruled by a later decision (known as "Shepardizing" the citation). [14]
Ashcroft v. Iqbal, 556 U.S. 662 (2009), was a United States Supreme Court case which held that plaintiffs must present a "plausible" cause of action. Alongside Bell Atlantic Corp. v. Twombly (and together known as Twiqbal), Iqbal raised the threshold which plaintiffs needed to meet.
Smith v. Van Gorkom 488 A.2d 858 (Del. 1985) [1] is a United States corporate law case of the Delaware Supreme Court, discussing a director's duty of care.It is often called the "Trans Union case".