Questions tagged [jurisprudence]

DO NOT USE! This tag is in the processmof being split between theory-of-law, lines-of-case-law, legal-doctrine, and case-law.

35 questions
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Are there any non-conventional sources of law?

The usual sources of law are specific laws created through a legislature and the executive, but are there any sources of law that aren't dependent on an organization or polity? For example, something like customary law, but broader.
user49663
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1 answer

What does Oliver Wendell Holmes, Jr. mean by 'continuity with the past is only a necessity'?

Preface: I first encountered the bolded on p 220, Is Eating People Wrong? Great Legal Cases and How They Shaped the World (2011) by Allan C. Hutchinson. Source: p 185, The Essential Holmes: Selections from [...] Oliver Wendell Holmes, Jr., edited by…
user89
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3 answers

What's The Law In This Scenario?

On a highway through a rural area, the sign says "speed limit 70 mph." But, the one cop who patrols that stretch of highway pulls over and tickets anyone who goes over 60. In the last 10 years no one has successfully appealed a ticket he's written.…
user36183
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2 answers

Is there defense against public officials providing incorrect information?

On several occasions I've needed clarification on tax rules and have asked at the public tax office, and officials have provided guidance that another official has contradicted and/or denied at a later occasion. This has lead to tax adjustments in…
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Summoning a judge as a witness to elaborate on an earlier ruling

Completely hypothetical scenario: Suppose arguments in a court case were dependent on the interpretation of the judge's decision in another case. Would it be legally valid to have the judge appear in court and testify as to the meaning of his…
Jake
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How can two people be innocent until proven guilty if their stories conflict?

So Bob accuses Alice of stealing his horse. Alice accues Bob of lying slander. They can't both be right. So one is innocent the other is guilty. But according to the law they are both innocent until one is proven guilty. So the law is in conflict…
zooby
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