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obiter dictum

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battery

battery  

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Overview Page
Subject:
Law
N.The intentional or reckless application of physical force to another person. Common battery is a criminal offence (punishable with a fine and/or six months' imprisonment) as well as a tort, even if ...
causation

causation  

Reference type:
Overview Page
Subject:
Law
N.The relationship between an act and the consequences it produces. It is one of the elements that must be proved before an accused can be convicted of a crime in which the effect of the act is part ...
corporations power

corporations power  

Reference type:
Overview Page
Subject:
Law
The power of the Commonwealth to make laws with respect to ‘foreign corporations, and trading or financial corporations formed within the limits of the Commonwealth’ under Constitution s 51(xx). The ...
dictum

dictum  

Reference type:
Overview Page
Subject:
Law
N. [Latin: a saying]An observation by a judge with respect to a point of law arising in a case before him. See also obiter dictum.
Dietrich v The Queen

Dietrich v The Queen  

Reference type:
Overview Page
Subject:
Law
(1992).In Dietrich, a majority of the High Court (Mason, McHugh, Deane, Toohey and Gaudron; Brennan and Dawson dissenting) held that the lack of legal representation for an accused charged with a ...
Dismissal of 1975

Dismissal of 1975  

Reference type:
Overview Page
Subject:
Law
The events of 11 November 1975, when Governor‐General John Kerr brought the Whitlam era to an end by dismissing Prime Minister Gough Whitlam, left many unresolved questions. Two of them ...
dissent

dissent  

Reference type:
Overview Page
Subject:
Law
A judgment in a case on appeal, delivered by one or more judges, which reaches a different outcome from the majority of judges on the same case. A feature of ...
Groves v. Slaughter

Groves v. Slaughter  

Reference type:
Overview Page
Subject:
Law
15 Pet. (40 U.S.) 449 (1841), argued 12, 13, 15–18 Feb. 1841 and decided 10 Mar. 1841 by vote of 5 to 2; Thompson delivered the judgment of the Court but wrote only for himself and Wayne; Taney, ...
Holding

Holding  

Reference type:
Overview Page
Subject:
Law
Is a statement of law in a judicial opinion that is necessary to the resolution of the legal problem presented in the case. It is contrasted with a dictum, which ...
Humphrey's Executor v. United States

Humphrey's Executor v. United States  

Reference type:
Overview Page
Subject:
Law
295 U.S. 602 (1935), argued 1 May 1935, decided 27 May 1935 by vote of 9 to o; Sutherland for the Court. In 1933, President Franklin D. Roosevelt removed a conservative member of the Federal Trade ...
Inter se questions

Inter se questions  

Reference type:
Overview Page
Subject:
Law
Are those involving potential competition or conflict between the constitutional powers (particularly the legislative powers) of the Commonwealth and the states—or alternatively, between two or more ...
Irish Envoys Case

Irish Envoys Case  

Reference type:
Overview Page
Subject:
Law
(1923)immersed the Court in a major political, religious, and public controversy. It is notable for the impassioned judgment of Isaacs, the manifest anxiety of Higgins, and the advocacy of Evatt.[...]
Judicial reasoning

Judicial reasoning  

Reference type:
Overview Page
Subject:
Law
Refers both to the process of thought by which a judge reaches a conclusion as to the appropriate result in a case, and to the written explanation of that process ...
Kagama, United States v.

Kagama, United States v.  

Reference type:
Overview Page
Subject:
Law
118 U.S. 375 (1886), argued 2 Mar. 1886, decided 10 May 1886 by vote of 9 to o; Miller for the Court. Kagama applied the broad principles governing Indian relations that Chief Justice John Marshall ...
Labour relations law

Labour relations law  

Reference type:
Overview Page
Subject:
Law
The distinctive, even defining, feature of Australian federal labour law has been its institutionalised focus on compulsorily conciliated or arbitrated industrial awards as instruments for regulating ...
Land law

Land law  

Reference type:
Overview Page
Subject:
Law
It is generally accepted that land law requires a high degree of certainty and stability. With the notable exception of Mabo (1992) and Wik (1996), the High Court's land law ...
Miranda v. Arizona

Miranda v. Arizona  

Reference type:
Overview Page
Subject:
Law
(1966)The Fifth Amendment to the US Constitution creates a privilege against compelled self‐incrimination, enforced in the national courts by excluding evidence from trial evidence. By the 1960s the ...
Murray's Lessee v. Hoboken Land & Improvement Co.

Murray's Lessee v. Hoboken Land & Improvement Co.  

Reference type:
Overview Page
Subject:
Law
18 How (59 U.S.) 272 (1856), argued 30, 31 Jan., 1, 4 Feb. 1856, decided 19 Feb. 1856 by vote of 9 to 0; Curtis for the Court. Justice Benjamin R. Curtis's opinion in this case provided the Supreme ...
natural justice

natural justice  

Reference type:
Overview Page
Subject:
Law
Rules of fair play, originally developed by the courts of equity to control the decisions of inferior courts and then gradually extended (particularly in the 20th century) to apply equally to the ...
Northwest Ordinance

Northwest Ordinance  

(1787), a measure adopted by the Continental Congress, acting under the Articles of Confederation, to provide an orderly system of government leading to statehood for the territory north and west of ...

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