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Case law, also used interchangeably with common law, is a law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of a legal case that have been resolved by courts or similar tribunals. These past decisions are called ...
In law, a summary judgment, also referred to as judgment as a matter of law or summary disposition, [1] is a judgment entered by a court for one party and against another party summarily, i.e., without a full trial. Summary judgments may be issued on the merits of an entire case, or on discrete issues in that case.
Coca-Cola Bottling Co., 24 Cal.2d 453, 150 P.2d 436 (1944) Important case in the development of the common law of product liability in the United States based on the concurring opinion of California Supreme Court justice Roger Traynor who stated "that a manufacturer incurs an absolute liability when an article that he has placed on the market ...
The purpose of a Case Information Statement is to let the judge and court clerk know what type of case is being brought by the parties, so that they can better prepare for the case to come to trial. Some courts (for example, the New Jersey Superior Court ) put different types of cases on different "tracks", to place limits on how long discovery ...
Civil law is sometimes referred to as neo-Roman law, Romano-Germanic law or Continental law. The expression "civil law" is a translation of Latin jus civile, or "citizens' law", which was the late imperial term for its legal system, as opposed to the laws governing conquered peoples (jus gentium); hence, the Justinian Code's title Corpus Juris Civilis.
A law report or reporter is a compilation of judicial opinions from a selection of case law decided by courts. [1] These reports serve as published records of judicial decisions that are cited by lawyers and judges for their use as precedent in subsequent cases. [1]
For example, civil law can be clearer than case law when the legislature has had the foresight and diligence to address the precise set of facts applicable to a particular situation. For that reason, civil law statutes tend to be somewhat more detailed than statutes written by common law legislatures—but, conversely, that tends to make the ...
Civil and criminal cases are usually heard in different courts. In jurisdictions based on English common-law systems, the party bringing a criminal charge (in most cases, the state) is called the "prosecution", but the party bringing most forms of civil action is the " plaintiff " or " claimant ".