The brief or memorandum establishes the legal argument for the party, explaining why the reviewing court should affirm or reverse the lower court's judgment based on legal precedent and citations to the controlling cases or statutory law.

The argument that is brought by some sex-positive feminists against these statutory rape laws is that they were made with non-gender neutral intentions and are presently enforced as such, with the assumption that teenage girls are naive and nonsexual and need to be protected.

If the statutory argument fails, the suit challenges the constitutionality of the Domestic Relations Law.

Kinser pointed out that the court had not granted review on that issue, but rather on the statutory interpretation and Dillon rule argument by which the majority had resolved the case.

The argument that mere statutory tenure is sufficient for judges of Article III courts was authoritatively answered in Ex parte Bakelite Corp .:

It agreed with the Magistrate Judge, Thomas Coffin, that the statutory definition of public accommodation included a " golf course ," rejecting the Tour's argument that its competitions are only places of public accommodation in the areas open to spectators.

Throughout these years, the statutory authorization was for such sums as were necessary to carry out the provisions of the Act.

As is the case with the allotment provisions for support of vocational rehabilitation services, the matching requirements are also based on a statutory formula.

There we held `` that the statutory scheme for review, within the selective service system, entitles [ conscientious objectors ] to no guarantee that the FBI reports must be produced for their inspection ''.

Section 381(a) applies only to a transfer by liquidation of a subsidiary owned to the extent of at least 80 per cent, a statutory merger or consolidation, an acquisition of substantially all a corporation's assets solely in exchange for voting stock, or a change of identity, form, or place of organization.

In the rare case where a corporation's only substantial asset, or its most important one, is a claim for refund, perhaps its transfer should not be permitted, whether the reorganization takes the form of a statutory merger or of the acquisition of assets for stock.

It is distinguished from judicial review, which refers to the court's overriding constitutional or statutory right to determine if a legislative act or administrative decision is defective for jurisdictional or other reasons ( which may vary by jurisdiction ).

The statutory definition of " readily achievable " calls for a balancing test between the cost of the proposed " fix " and the wherewithal of the business and / or owners of the business.

In many countries, there is also a statutory duty to declare interests in relation to any transactions, and the director can be fined for failing to make disclosure.

It was never " law ", even though, if it had been a statute or statutory provision, it might have been adopted according to the procedures for adopting legislation.

As another example, the Supreme Court of the United States in 1877, held that a Michigan statute that established rules for solemnization of marriages did not abolish pre-existing common-law marriage, because the statute did not affirmatively require statutory solemnization and was silent as to preexisting common law.

In almost all areas of the law ( even those where there is a statutory framework, such as contracts for the sale of goods, or the criminal law ), legislature-enacted statutes generally give only terse statements of general principle, and the fine boundaries and definitions exist only in the common law ( connotation 1 ).

By contrast to statutory codification of common law, some statutes displace common law, for example to create a new cause of action that did not exist in the common law, or to legislatively overrule the common law.

Where a tort is rooted in common law, all traditionally recognized damages for that tort may be sued for, whether or not there is mention of those damages in the current statutory law.

Judge-made common law operated as the primary source of law for several hundred years, before Parliament acquired legislative powers to create statutory law.

E. g., Texas Industries v. Radcliff, ( without an express grant of statutory authority, federal courts cannot create rules of intuitive justice, for example, a right to contribution from co-conspirators ).

Later courts have limited Erie slightly, to create a few situations where United States federal courts are permitted to create federal common law rules without express statutory authority, for example, where a federal rule of decision is necessary to protect uniquely federal interests, such as foreign affairs, or financial instruments issued by the federal government.

See, e. g., Clearfield Trust Co. v. United States, ( giving federal courts the authority to fashion common law rules with respect to issues of federal power, in this case negotiable instruments backed by the federal government ); see also International News Service v. Associated Press, 248 U. S. 215 ( 1918 ) ( creating a cause of action for misappropriation of " hot news " that lacks any statutory grounding, but that is one of the handful of federal common law actions that survives today ); National Basketball Association v. Motorola, Inc., 105 F. 3d 841, 843-44, 853 ( 2d Cir.

However, while registration isn't needed to exercise copyright, in jurisdictions where the laws provide for registration, it serves as prima facie evidence of a valid copyright and enables the copyright holder to seek statutory damages and attorney's fees.

Carrington argued that a warrant from a Government minister, the Earl of Halifax was valid authority, even though there was no statutory provision or court order for it.

It was not uncommon for an organisation under Roman private law to copy the terminology of state and city institutions for its own statutory agents.

In addition, certain appeal boards are given the statutory authority for contempt by them ( i. e. Residential Care Home, Hotel and Guesthouse Accommodation, Air Pollution Control, etc .).

The group's tribal recognition was rejected in a legal opinion by the 1991 administration " absent statutory authority " of the governor to recognize certain Native Americans as a " nation of people.

Though this defensive loophole slightly narrows the types of cases which may be prosecuted for perjury, the effect of this statutory defense is to promote a truthful retelling of facts by witnesses, thus helping to ensure the reliability of American court proceedings just as broadened perjury statutes aimed to do.

* Decius Wade, was an American attorney, judge, writer, and politician who has been called the " Father of Montana Jurisprudence " for his role in establishing the common law and statutory law of the U. S. state of Montana.

* Decius Wade, was an American attorney, judge, writer, and politician who has been called the " Father of Montana Jurisprudence " for his role in establishing the common law and statutory law of the U. S. state of Montana.

However, the court further declared that President Bush had constitutional and statutory authority to designate and detain American citizens as " enemy combatants " and that Padilla was entitled to challenge his " enemy combatant " designation and detention in the course of his habeas corpus petition, although release was denied.

The American system of mass production encouraged the use of machinery, while the statutory regime did nothing to protect workplace safety.

In American higher education, particular to the state of New York, a statutory college or contract college is a college or school that is a component of an independent, private university that has been designated by the state legislature to receive significant, ongoing public funding from the state.

Despite lacking the statutory authority to sterilize black, mulatto and American Indian children simply because they were " colored ", a small number of Virginia eugenicists in key positions found other ways to achieve that goal.

It also found that if they considered the creation of the canvas as a " reproduction " despite the lack of multiplication, they would be reading in the American right of derivative works, a concept without statutory basis in Canadian copyright law.

It cut off Australian constitutional law from American precedents, a copious source of thoroughly relevant learning, in favour of crabbed English rules of statutory interpretation, which are one of the sorriest features of English law, and are ... particularly unsuited to the interpretation of a rigid Constitution.

* American statutory rape laws, including Romeo and Juliet laws – In most states, the age of the victim and the age of the accused are the only relevant factors determinative of guilt or innocence.

Under " the American rule " attorney fees are usually not paid by the losing party to the winning party in a case, except at the federal level or for specific statutory reasons.

The story, narrated by the gigantic but docile half-Native American inmate " Chief " Bromden, focuses on the antics of the rebellious Randle Patrick McMurphy ( ES, PL, RO, RU ), who faked insanity to serve out his prison sentence, for statutory rape, in the hospital.

* In October 2008, a Davis Polk team working with the Asian American Legal Defense and Education Fund won a $ 4. 6 million judgment on behalf of immigrant workers who were being paid below the statutory minimum wage by their employer, a popular Manhattan restaurant.