case law

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case law

law established by following judicial decisions given in earlier cases
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Well-worn phrases like decisional law and judge-made law can lull even the sharpest analysts into passing over the complexities that such phrases capture and sometimes obscure through their brevity.
5) the preference for state statutes over decisional law.
at 390-91 ("The policy thus established has become itself apart of our law, to be given its appropriate weight not only in matters of statutory construction but also in those of decisional law.
In order to avoid this injustice, the Court subordinated formal justice to substantive justice by holding that some decisional law would operate prospectively in Linkletter v.
Therefore, the judge concluded that the court's jurisdictional task was to "effectuate the decisional law of the State's Supreme Court, not to restrict it through curtailed readings of controlling authority.
The development of disclosure requirements through decisional law rather than through statutory prescriptions highlights the important question of when corporate law should be codified legislatively and when it should be left to case-by-case judicial development.
Because this is a potentially high-exposure loss, we recommend that you establish and regularly follow-up on a periodic diary, a continuing inquiry of your coverage counsel as to whether the given jurisdiction decisional law has altered the insurance coverage dynamic and, in our example, adopted a continuous coverage trigger.
Although accepting that appropriative rights are property rights under Chapter 11, the tribunal concluded that the treaty, taken with Texas decisional law relating to it, did not grant claimants property rights in water situated in Mexico.
This level of review is directly at odds, however, with the limited scope of court review under the FAA and arguably undermines federal preference for arbitration stated in the Act and the decisional law construing it.
Erie viewed Swift as holding that the "laws" of the several states which the federal courts were bound to apply under section 34 did not include their decisional law "in matters of general jurisprudence.
In categorically denying recovery to a narrow, but indisputably aggrieved, class of plaintiffs, Tebbutt is at odds with the spirit and direction of our decisional law in this area," Rosenblatt wrote.