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The case was remanded to District Court where it was decided in the defendants' favor, due to the principle that, as agents of the state, the defendants were covered by a qualified immunity unless they knowingly acted illegally. [21] In the absence of any previous precedent on this issue, the standard of knowing illegality was not met. [22] [23]
This case featured the first example of judicial review by the Supreme Court. Ware v. Hylton, 3 U.S. 199 (1796) A section of the Treaty of Paris supersedes an otherwise valid Virginia statute under the Supremacy Clause. This case featured the first example of judicial nullification of a state law. Fletcher v.
This ruling stood as precedent until the ratification of the Fourteenth Amendment to the United States Constitution. 7–2 Georgia v. Tennessee Copper Co. 1907: States, as quasi-sovereigns, have parens patriae standing to sue for environmental harms, in this case fumes from copper mining. [1] 9–0 Fairchild v. Hughes: 1922
With this number of original jurisdiction courts involved in making legal determinations on federal tax matters and thirteen United States courts of appeals exercising appellate jurisdiction, observers recognize and are concerned that the tax laws can be interpreted differently for like cases. As examples, Supreme Court decisions in the well ...
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 ...
Precedent is a judicial decision that serves as an authority for courts when deciding subsequent identical or similar cases. [1] [2] [3] Fundamental to common law legal systems, precedent operates under the principle of stare decisis ("to stand by things decided"), where past judicial decisions serve as case law to guide future rulings, thus promoting consistency and predictability.
Printz v. United States (1997) - Federal Government may not "commandeer" state executive or administrative officials. Whitman v. American Trucking Associations, Inc. (2001) - delegation of legislative-like authority must be governed by an "intelligible principle."
Before this, the only way a binding precedent could be avoided was to create new legislation on the matter. A germane example is the case of Anderton v Ryan (1985) [2] where the House of Lords interpreted the Criminal Attempts Act 1981 in such a way as to make the Act virtually ineffective.