case law

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case law

law established by following judicial decisions given in earlier cases
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Under Swift, that included state constitutions, state statutes, and state decisional law that related to local matters.
148) Grimes is perhaps an example of judicial paternalism in the ongoing struggle within decisional law to find the boundary between professionalism and the patient's right to self-determination.
And in Swift itself, Justice Story independently construed the general commercial law even on the assumption that state decisional law had "fully settled" (53) the point in question differently.
On the other hand, a party hoping to avoid application of one of these doctrines is free to emphasize that they are grounded in decisional law and will not be applied where to do so would constitute a manifest injustice.
While Florida's positive and decisional law governing end-of-life decision-making is imperfect, it is generally structured in such a way as to defend and promote autonomy.
Comments are sought including, but not limited to: (1) whether the decisional law requires that the instruction include a reference to a "defective product"
Comprised of attorneys and key IT professionals, the Team constantly monitors developments in decisional law, relevant regulations and emerging trends to offer practical and cost effective strategies and solutions to clients.
Still, the commission recommended that Congress restructure the Ninth Circuit into three regional adjudicative divisions--the Northern, Middle, and Southern--to "increase the consistency and coherence of the law, maximize the likelihood of genuine collegiality, maintain uniform decisional law within the circuit, and relate the appellate forum more closely to the region it serves.
In the relatively little decisional law on the issue, the commission has used a "rule of reason" in determining how far back it will go in pursuit of utility refunds due to adjustment errors.
Moreover, because the DCAs in Florida are final in most instances, they have a unique opportunity to develop the decisional law.
Our goal is for this report to guide corporate counsel through the sticky thicket of class action decisional law, and to enable them to make sound and informed litigation decisions while minimizing risk," stated Gerald L.
Statements such as "his courtesy and professionalism is of the highest caliber," "he delivers his decisions with legal, sound reasoning and prevailing decisional law," "even when he rules against you, it is done with grace and diplomacy," were among just a few of the consistent comments received by the committee.