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Judicial restraint is a judicial interpretation that recommends favoring the status quo in judicial activities and is the opposite of judicial activism.Aspects of judicial restraint include the principle of stare decisis (that new decisions should be consistent with previous decisions); a conservative approach to standing (locus standi) and a reluctance to grant certiorari; [1] and a tendency ...
He used as illustrated "a synonym of delay" which yielded only disastrous consequences for the participants. The estate's court case goes on for 12 years, for reasons no one understands, and the entire estate is itself dissipated in the battle. As one writer notes: In the Victorian era, the Court of Chancery was a synonym of delay.
A vacated judgment is usually the result of the judgment of an appellate court, which overturns, reverses, or sets aside the judgment of a lower court. An appellate court may also vacate its own decisions. Rules of procedure may allow vacatur either at the request of a party (a motion to vacate) or sua sponte (at the court's initiative). [1]
A writ of mandamus (/ m æ n ˈ d eɪ m ə s /; lit. ' 'we command' ') is a judicial remedy in the English and American common law system consisting of a court order that commands a government official or entity to perform an act it is legally required to perform as part of its official duties, or to refrain from performing an act the law forbids it from doing.
Judicial disqualification laws existed in Roman law and early Jewish law, which disqualified judges from serving on cases of family, friends or enemies. [1]Civil law countries still have significant disqualification privileges, whereas common law countries, such as England, went in a different direction where recusal was required less often. [1]
Police officers cannot detain someone on the street just because that person acts furtively to avoid contact with them, the California Supreme Court ruled Thursday.
Angelo Gambiglioni, De re iudicata, 1579 Res judicata or res iudicata, also known as claim preclusion, is the Latin term for judged matter, [1] and refers to either of two concepts in common law civil procedure: a case in which there has been a final judgment and that is no longer subject to appeal; and the legal doctrine meant to bar (or preclude) relitigation of a claim between the same parties.
Anadiplosis – repeating the last word of one clause or phrase to begin the next. Analogy – the use of a similar or parallel case or example to reason or argue a point. Anaphora – a succession of sentences beginning with the same word or group of words. Anastrophe – inversion of the natural word order.