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Does a court have the power to force disclosure of confidential patient information?
The court, ultimately, can do whatever it wants. The court system is the final arbiter of all laws and of what is right and what is not. While a court decision may ultimately be appealed up the chain of appellate courts sooner or later the decision the final court makes is the binding law and failure to abide by whatever that decision is would be illegal.
How are precedents made?
Precedent is a feature of the Common Law tradition of law. Precedent refers to the legal principle announced by a higher court that must be followed in later cases. A recent decision in the same jurisdiction will be given great weight. Decisions of lower courts are not binding on higher courts, although from time to time a higher court will adopt the reasoning and conclusion of a lower court.Precedents are made by judges deciding cases. They arise from the legal principles created by a court decision and must be followed or used by subsequent courts in deciding cases that present the same issues. In general, decisions of higher courts within a system are mandatory precedent on lower courts within that same system. The principle announced in the decision must be followed in later cases. Another name for precedent is case law.Cases need not be identical or similar to control. The principle announced in a case transcends the particular facts in that case and will be applied to different fact situations. However, a decision may be grounded in the specific facts and will not be applied generally. The court that created the precedent can always overrule it.Knowing the difference is what law school is all about. The process of judicial decision making, the use and role of precedents, constitutional and statutory interpretations, is what a legal education teaches.
How many times did Dred Scott go to court?
Dred Scott went to court 3 times. 1st he went to Missouri Circuit court where he was granted his freedom. Then the Missouri reversed the decision an so he took it to federal court where it was ruled that he was still a sllave. lastly he took it to U.S. supreme court where he was also ruled to be a slave
What was supreme court decision in Pollock v. Farmers' Loan and Trust?
The federal income tax was unconstitutional
What is an action or decision that later served as an example is a?
One example could be the decision made by Kodak to ignore the digital photography trend in favor of sticking to film. This decision later became a cautionary tale of the importance of adapting to new technology and market trends in order to stay relevant and competitive in the industry.
Can a final decision be reverse in a child custody case?
You need to appeal that particular decision to a higher court with a set period of time. Inquire at the court.You can return to the same court at a later date if any of the circumstances are changed.You need to appeal that particular decision to a higher court with a set period of time. Inquire at the court.You can return to the same court at a later date if any of the circumstances are changed.You need to appeal that particular decision to a higher court with a set period of time. Inquire at the court.You can return to the same court at a later date if any of the circumstances are changed.You need to appeal that particular decision to a higher court with a set period of time. Inquire at the court.You can return to the same court at a later date if any of the circumstances are changed.
What is the legal age of a child to make a decision in court?
Eighteen. In the later teens the court can listen to what you want and they might agree.
An earlier court decision that guides judges decisions in later cases?
A precedent is a principle or rule that was established in a previous legal case. Precedent is used in cases with similar facts and background. The use of precedent allows for stability in common law rulings.
What is court reversal?
Specifically a "reversal" is when the same court changes its own decision, either on the same case or a later one; for the same issue(s). When a higher court overturns a decision of a lower court it is normally called "overturn" or "overruled" decision. As noted a reversal is a specific term.A reversal also occurs when an appellate court changes a decision of a lower court (whether that lower court is a trial court or the first appellate level) because of some error made by court below it.
Was the Korematsu decision ever reversed?
yes it has he took his case to court once more like 10 years later.
Was dred Scott decision pro or antislavery?
In the 1857 US Supreme Court decision that involved the Dredd Scott case, the Court stated the slaves were property and, also, they could never be US citizens. This pro-slavery decision would later require an amendment to the US Constitution in order to abolish slavery.
What is an anction or a decision that later servesas an example?
This is usually referred to as a Precedent. Something that is done in such a good and useful manner that it is looked to again and again by those facing the same situation. This is used in court cases when lawyers and judges wish to know if their type of case has ever been faced before and how that previous situation was handled. Precedent gives you confidence that the decision you make will be good because the same choice was made before.
What is the antonym for previous?
One of the antonyms for previous are current ,future,present and later.
Does a court have the power to force disclosure of confidential patient information?
The court, ultimately, can do whatever it wants. The court system is the final arbiter of all laws and of what is right and what is not. While a court decision may ultimately be appealed up the chain of appellate courts sooner or later the decision the final court makes is the binding law and failure to abide by whatever that decision is would be illegal.
What was the supreme Court decision in kiromatsu vs US?
In the 1944 case of Korematsu v. United States, the Supreme Court upheld the government's decision to intern Japanese Americans during World War II, ruling that the need to protect against espionage outweighed individual rights. The Court found the internment to be a wartime necessity, despite acknowledging the racial discrimination involved. This decision has been widely criticized over the years for its endorsement of racial prejudice and has been viewed as a significant failure of the Court in protecting civil liberties. It was later formally disavowed by the Court in subsequent cases.
What does waiver of motion mean on somebody in court?
A waiver of motion in court refers to a party's decision to forgo their right to file a motion, which is a formal request for the court to take a specific action or make a ruling. By waiving this right, the party may be agreeing to proceed without seeking a particular legal remedy or may be accepting a decision made by the court without contesting it. This can streamline court proceedings but may also limit the party's ability to challenge certain aspects of the case later on.
When was segregation first established as constitutional?
The US Supreme Court established "separate but equal" as a constitutionally accepted framework with the 1890 decision in Plessy v. Ferguson. However, it would later be ruled unconstitutional in the 1954 decision Brown v. Board of Education.
