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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.).
According to Professor Popkin, Chief Justice John Marshall imposed a clear statement rule: "where fundamental values were at stake, statutes would not be interpreted to impair such values, absent a clear statement in the legislation.” [2] Indeed, Marshall wrote in 1805 that "Where fundamental principles are overthrown, when the general system ...
Statutes may be presumed to incorporate certain components, as Parliament is "presumed" to have intended their inclusion. [1] For example: Offences defined in criminal statutes are presumed to require mens rea (a guilty intention by the accused): Sweet v Parsley. [2] A statute is presumed to make no changes in the common law.
Pakistan inherited a common law system upon independence from Great Britain in 1947, and thus its legal system relies heavily on law reports. The most comprehensive law book is the Pakistan Law Decisions (PLD), which contains judgments from the Supreme Court of Pakistan, the various provincial High Courts, the Service, Professional and Election ...
Missouri's long-arm statute provides for personal jurisdiction over a non-resident defendant that has transacted any business within the state or has committed a tortious act within the state. At common law in Missouri, a tortious act committed outside with a resultant injury within Missouri was sufficient to permit jurisdiction.
Volumes 1 through 18, which have all the statutes passed from 1789 to 1875, are available on-line at the Library of Congress, here. In the list below, statutes are listed by X Stat. Y, where X is the volume of the Statutes at Large and Y is the page number, as well as either the chapter or Public Law number. See examples below.
The law's effects are thereby far broader than intended or than the U.S. Constitution permits, and hence the law is overbroad. The "strong medicine" of overbreadth invalidation need not and generally should not be administered when the statute under attack is unconstitutional as applied to the challenger before the court.
Hence, statutes were viewed from the point of view of their effect upon the common law, as adding to it, subtracting from it or patching it up. Then also, in the time of Heydon's Case, the judges paid more attention to the "spirit" of the law than to the letter. Having found the mischief they proceeded to make mischief with the words of the ...