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Access the world's largest database of Free Case Briefs for Law Students. Curated from law school case books, includes links for optimal case understanding.
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Lecture 2: How to Brief a Case. In this lecture you will...
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ARGUMENT - Remarks addressed by attorney to judge or jury on the merits of case or on points of law. ARRAIGN - The procedure where the accused is brought before the court to hear the criminal charge(s) against him or her
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- Introduction
- Theories of International Human Rights Law
- The Substantive Concept of The Margin of Appreciation
- Substantive Theories of Rights
- The Structural Concept of The Margin of Appreciation
- Consensus and Public Morals
- The Relationship Between The Two Concepts
What is the ‘margin of appreciation’ that states are afforded regarding their human rights obligations under the European Convention on Human Rights (ECHR)? Most commentators complain about the lack of a uniform or coherent application of the margin of appreciation doctrine in the case law of the European Court of Human Rights.2 The controversy is ...
The distinction I wish to draw within the European Court’s case law, between the substantive and the structural concept of the doctrine, is not the distinction between having an ideal moral theory of resolving conflicts between rights and public interest on the one hand, and having to defer to the decisions made by some authority on the other. For ...
The substantive concept of the margin of appreciation addresses the relation between fundamental freedoms and collective goals, under an ideal theory of political morality. In the Court’s case law, the margin of appreciation is usually linked to the following two propositions. First, that state authorities are justified15 in taking measures, prescr...
How are we to explain the substantive concept of the margin of appreciation, i.e. the idea that there can be permissible interference with fundamental freedoms for the sake of the common good? Are there moral theories of human rights that can account for this idea? Under simple forms of utilitarian theories, there can be no conflicts between indivi...
Many commentators view the margin of appreciation as a feature of a supranational judicial system, designed to balance the sovereignty of the Contracting States with the need to secure protection of the rights embodied in the Convention.52 On the structural concept, the margin of appreciation imposes limits on the powers of judicial review of the E...
Consensus as a basis for deference first appeared in the well-documented Handyside v UK.65The applicant in this case was the publisher of the ‘Little Red Schoolbook’, a book containing information on sexual matters for adolescents. The publication was seized and confiscated as obscene by the UK authorities and Handyside was sentenced to payment of ...
How does the Court’s approach to the structural concept square with substantive theories of rights? In this final section I wish to explore the possible connections between the substantive and the structural use of the doctrine. It appears that deference on the basis of consensus has utilitarian overtones that would be an anathema to non-utilitaria...
Get an overview of the case law of the EPO boards of appeal. View an online version of the document or download a PDF version.
Apr 12, 2024 · Federal case law and court documents are often available freely online, particularly recently decided cases. Check the website of the deciding court for digital copies of their cases. In addition, the following resources provide free case law.
Apr 28, 2016 · The term case law refers to law that comes from decisions made by judges in previous cases. Case law, also known as “ common law ,” and “case precedent ,” provides a common contextual background for certain legal concepts, and how they are applied in certain types of case.
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This best-selling dictionary is an authoritative and comprehensive source of jargon-free legal information. It contains over 4,200 entries that clearly define the major terms, concepts, processes, and the organization of the English legal system.
