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A legal doctrine is a framework, set of rules, procedural steps, or test, often established through precedent in the common law, through which judgments can be determined in a given legal case. For example, a doctrine comes about when a judge makes a ruling where a process is outlined and applied, and allows for it to be equally applied to like ...
Pages in category "Legal doctrines and principles" The following 200 pages are in this category, out of approximately 313 total. This list may not reflect recent changes .
Distinguishing a new principle that refines a prior principle, thus departing from prior practice without violating the rule of stare decisis; Establishing a "test" (that is, a measurable standard that can be applied by courts in future decisions), such as the Oakes test (in Canadian law) or the Bolam test (in English law).
Historically, Scottish common law differed in that the use of precedent was subject to the courts' seeking to discover the principle that justifies a law rather than searching for an example as a precedent, [107] and principles of natural justice and fairness have always played a role in Scots Law.
Arizona v. United States, 567 U.S. 387 (2012) An Arizona law that authorizes local law enforcement to enforce immigration laws is preempted by federal law. Arizona law enforcement may inquire about a resident's legal status during lawful encounters, but the state may not implement its own immigration laws. National Federation of Independent ...
An example of law, that has been criticized in the USA for vagueness is Federal Analogue Act, which establishes criminal liability for making/selling chemicals, which are "analogous" to known prohibited drugs, but fails to be sufficiently specific for the accused to know, whether an "analogous drug" is prohibited or not.
The UK Sale of Goods Act 1979 and the US Uniform Commercial Code are examples of codified common law commercial principles. Admiralty law and the sea law lay a basic framework for free trade and commerce across the world's oceans and seas, where outside of a country's zone of control. Shipping companies operate through ordinary principles of ...
Fitts's law is a principle of human movement published in 1954 by Paul Fitts which predicts the time required to move from a starting position to a final target area. Fitts's law is used to model the act of pointing, both in the real world, e.g. with a hand or finger, and on a computer, e.g. with a mouse.