Search results
Results from the WOW.Com Content Network
In law, a case stated is a procedure by which a court or tribunal can ask another court for its opinion on a point of law. [1] There are two kinds: consultative case stated and appeal by way of case stated. A consultative case stated is made at the discretion of a judge before he or she determines the case before the court.
Casebooks sometimes also contain excerpts from law review articles and legal treatises, historical notes, editorial commentary, and other related materials to provide background for the cases. The teaching style based on casebooks is known as the casebook method and is supposed to instill in law students how to "think like a lawyer ."
Article III, Section 2, Clause 1 of the Constitution states: The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;—to all Cases affecting Ambassadors, other public ministers and Consuls;—to all Cases of admiralty and maritime Jurisdiction;—to ...
In the Supreme Court, review in most cases is available only if the Court exercises its discretion and grants a writ of certiorari. [2] In tort, equity, or other civil matters either party to a previous case may file an appeal. In criminal matters, however, the state or prosecution generally has no appeal "as of right".
Additionally, in some areas of substantive law, such as when a court is reviewing a First Amendment issue, an appellate court will use a standard of review called "independent review." [citation needed] The standard is somewhere in between de novo review and clearly erroneous review. Under independent review, an appellate court will reexamine ...
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 ...
Officially published cases are cited as BGE 133 II 292 [E. 3.2 S. 296] (German: Bundesgerichtsentscheide) or ATF 133 II 292 [consid. 3.2 p. 296] (French: arrêts du tribunal fédéral). In this example, 133 is the annual issue of the court reports, II the part indicating the division of the Court, and 292 the page on which the decision begins.
Article III courts (also called Article III tribunals) are the U.S. Supreme Court and the inferior courts of the United States established by Congress, which currently are the 13 United States courts of appeals, the 91 United States district courts (including the districts of D.C. and Puerto Rico, but excluding the territorial district courts of the Northern Mariana Islands, Guam, and the ...