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The type of legal remedies to be applied in specific cases depend on the nature of the wrongful act and its liability. [1] In international human rights law, there is a right to an effective remedy. In the legal system of the United States, there exists a traditional form of judicial remedies that serve to combat juror biases caused by news ...
Restitution and unjust enrichment is the field of law relating to gains-based recovery. In contrast with damages (the law of compensation), restitution is a claim or remedy requiring a defendant to give up benefits wrongfully obtained. Liability for restitution is primarily governed by the "principle of unjust enrichment": A person who has been ...
The case is illustrative of bedrock legal practices in the United States. In deciding a forfeiture case rooted in a forfeiture prohibition, the Supreme Court stated the principle: "But whether the reason [for the forfeiture] be artificial or real, it is too firmly fixed in the punitive and remedial jurisprudence of this country to now be ...
The headnotes are arranged according to their topic and key number in multi-volume sets of books called Digests. A digest serves as a subject index to the case law published in West reporters. Headnotes are merely editorial guides to the points of law discussed or used in the cases, and the headnotes themselves are not legal authority.
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 ...
"Knocking on the Schoolhouse Door" 8 La Raza Law Journal 166 (1995), Christopher Arriola. A look at one town involved in the lawsuit, El Modena, and an examination of the appellate briefs used in the case. Chicano Education in the Era of Segregation UCI Press, (1992) Gilbert Gonzalez. A sociological history of Mexican School Segregation in the ...
The rules are designed to ensure a fair and consistent application of due process (in the U.S.) or fundamental justice (in other common law countries) to all cases that come before a court. [1] Substantive law, which refers to the actual claim and defense whose validity is tested through the procedures of procedural law, is different from ...
Landmark court decisions, in present-day common law legal systems, establish precedents that determine a significant new legal principle or concept, or otherwise substantially affect the interpretation of existing law. "Leading case" is commonly used in the United Kingdom and other Commonwealth jurisdictions instead of "landmark case", as used ...