To determine whether a case is still good law, you need to check the subsequent history of the case as well as subsequent citations to see how other cases have treated your case by using citators (Shepardizing on Lexis or KeyCiting on Westlaw).
What is considered good law?
Good law is the concept in jurisprudence that a legal decision is still valid or holds legal weight . A good law decision has not been overturned (during an appeal) or otherwise rendered obsolete (such as by a change in the underlying law).
What makes a good law or rule?
List their responses on a board and discuss and conclude that a good rule or law should include the following: 1) worthwhile purpose ; 2) fair; 3) clear; 4) possible to follow; 5) enforceable; 6) consistent with constitutionally guaranteed individual rights; Page 3 3 7) flexible.
What makes a law a bad law?
Bad law, or a bad law includes law that is oppressive or that causes injustice . ... A precedent that has been overruled may be bad law. A judicial decision that is based on no law at all, was wrongly decided, or made per incuriam may constitute bad law.
What are the components of a good law?
The law is clear, publicized, and stable and is applied evenly. It ensures human rights as well as contract and property rights . The processes by which the law is adopted, administered, adjudicated, and enforced are accessible, fair, and efficient.
What 4 things make a good law?
- Must fairly balance individual rights with community good.
- Law should apply equally to all.
- Law should be clear.
- Laws should be capable of being enforced.
- Laws should be consistent and stable.
What is the important of rule of law?
No country can maintain a rule of law society if its people do not respect the laws. Everyone must make a commitment to respect laws, legal authorities, legal signage and signals, and courts. ... The rule of law functions because most of us agree that it is important to follow laws every day .
What is a good law and bad law?
If a proposition of law from a case is a valid, citable legal proposition in your jurisdiction, it is “good law.” Logically enough, if a proposition from a case is no longer a valid legal proposition , it is “bad law.” How can good law that a smart judge put into an opinion become bad law?
What are examples of bad laws?
- Nuisance Laws. ...
- Jaywalking Laws. ...
- Fines for Minor Infractions. ...
- Privatizing Water. ...
- Occupancy Standards for Rental Housing. ...
- Criminalizing Food Sharing.
Do great cases make bad law?
In one of the most quoted statements in American law, Justice Holmes proclaimed that “great cases, like hard cases make bad law .” He explained that this was so because the “hydraulic pressures” of the great case tend to distort the judgments of the justices.
What is the rule of law easy definition?
Rule of law is a principle under which all persons, institutions, and entities are accountable to laws that are: Publicly promulgated . Equally enforced .
What is the rule of law and why is it important?
No country can maintain a rule of law society if its people do not respect the laws. Everyone must make a commitment to respect laws, legal authorities, legal signage and signals, and courts. ... The rule of law functions because most of us agree that it is important to follow laws every day .
What are the 4 rules of law?
Accordingly, the rule of law encompasses the following four universal principles: “ the government and its officials and agents are accountable under the law; the laws are clear, publicised, stable and fair, and protect fundamental rights, including the security of persons and property; the process by which laws are ...
Why do hard cases make bad law?
Hard cases make bad law is an adage or legal maxim. The phrase means that an extreme case is a poor basis for a general law that would cover a wider range of less extreme cases . In other words, a general law is better drafted for the average circumstance as this will be more common.
What is bad law on LexisNexis?
When you Shepardize
