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Hard cases make bad law is an adage or legal maxim meaning that an extreme case is a poor basis for a general law that would cover a wider range of less extreme cases. In other words, a general law is better drafted for the average circumstance as this will be more common. [1] The original meaning of the phrase concerned cases in which the law ...
The Holmes dissent included the famous passage: "Great cases like hard cases make bad law. For great cases are called great, not by reason of their real importance in shaping the law of the future, but because of some accident of immediate overwhelming interest which appeals to the feelings and distorts the judgment."
Lord Campbell's reference to bad law was a reference to wrongly decided cases. [20] Robert Deal said that because the "bad Ellenborough law" is no longer extant, it is not possible to be certain that it actually was bad. [21] The Law Journal said that Campbell's drawer for Lord Ellenborough's bad law was probably opened rather too arrogantly. [22]
There’s an old legal adage that “bad facts make bad law.” ... As is often the case with nonprofit donor exposure legislation, the primary backers have a personal interest in gaining access ...
Harris, 465 U.S. 37 (1984) — A state appellate court, before it affirms a death sentence, is not required to compare the sentence in the case before it with the penalties imposed in similar cases if requested to do so by the prisoner. Whitmore v. Arkansas, 495 U.S. 149 (1990) — Mandatory appellate review is not required in death penalty cases.
He called the case an example of how "bad facts make bad law." A 'joke' that 'caused a disruption' lands student in solitary for days One of the plaintiffs, an eighth-grade student at Page Middle ...
Rucho v. Common Cause, No. 18-422, 588 U.S. 684 (2019) is a landmark case of the United States Supreme Court concerning partisan gerrymandering. [1] The Court ruled that while partisan gerrymandering may be "incompatible with democratic principles", the federal courts cannot review such allegations, as they present nonjusticiable political questions outside the jurisdiction of these courts.
Cruel and unusual punishment is a phrase in common law describing punishment that is considered unacceptable due to the suffering, pain, or humiliation it inflicts on the person subjected to the sanction. The precise definition varies by jurisdiction, but typically includes punishments that are arbitrary, unnecessary, or overly severe compared ...