Stentor Elec. Mfg. Co., Inc., . When hearing claims under state law pursuant to diversity jurisdiction, federal trial courts must apply the statutory and decisional law of the state in which they sit, as if they were a court of that state,Hughes, 13–14.
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' In statutes, the [notwithstanding any other provision of law] 'shows which provision prevails in the event of a clash.'"); In re JMC Telecom LLC, 416 B.R. 738, 743 (C.D. Cal. 2009) (explaining that "the phrase 'notwithstanding any other provision of law' expresses the legislative intent to override all contrary statutory and decisional law.
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' In statutes, the [notwithstanding any other provision of law] 'shows which provision prevails in the event of a clash.'"); In re JMC Telecom LLC, 416 B.R. 738, 743 (C.D. Cal. 2009) (explaining that "the phrase 'notwithstanding any other provision of law' expresses the legislative intent to override all contrary statutory and decisional law.
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The California Supreme Court held that "a charge of statutory rape is defensible [where] criminal intent is lacking," overruling and disapproving prior decisional law holding to the contrary, particularly People v. Ratz (1896) 115 Cal. 132. The defense is a mistake of fact, i.e., whether the victim was 18 years or more of age, rather than a mistake of law.
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2009) (explaining that "the phrase 'notwithstanding any other provision of law' expresses the legislative intent to override all contrary statutory and decisional law.") (internal quotation marks and brackets omitted) (emphasis added); In re Partida, 862 F.3d 909, 912 (9th Cir. 2017) ("That is the function and purpose of the 'notwithstanding' clause."); Drakes Bay Oyster Co. v. Jewell, 747 F.3d 1073, 1083 (9th Cir.
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His opinions had substantial impact on the state's decisional law. The Supreme Court Historical Society wryly noted: > He was personally slow to accept changing times. The paradox lies in the > fact that his personal preferences found no reflection in his holdings. For > instance, while the automobile affected day-to-day life, Wiest retained a > personal preference for travel by rail and by horse and carriage.
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The United States inherited the British common law system which develops legal principles through judicial decisions made in the context of disputes between parties. Statutory and constitutional law forms the framework within which these disputes are resolved, to some extent, but decisional law developed through the resolution of specific disputes is the great engine of water law. At common law any rights to water must be claimed based on a claim against the land over which water flows or rests.Blackstone Commentries Vol II pg.
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Household International, Inc., the Revlon opinion gave rise to years of academic debate and decisional law with respect to the events that should be deemed to trigger its application. Even today, questions continue to persist as to the extent to which the doctrine has been absorbed into the traditional duty of care, particularly in connection with so-called ownership transactions such as mergers, and its interplay with the Unocal test traditionally applicable to defensive board action to fend off a hostile acquisition bid, and more recently to deal protection devices contained in merger agreements. See Omnicare v.
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He remained on that court until his death in 1963 and never failed to serve with wisdom and grace. While the Layton years on the Supreme Court were often difficult and controversial for the bar, the period was one of outstanding growth for Delaware corporate law. Much of this growth was due not only to the judicial skill of Chancellor Wolcott but also to the brilliance and productive work of Chief Justice Layton. It is the judicial work product of luminaries like Curtis, Wolcott and Layton that provides the enduring legal and moral basis for much of what is right with the body of Delaware decisional law.
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"At common law a motorist is required to regulate his speed so that he can stop within the range of his vision. In numerous jurisdictions, this rule has been incorporated in statutes which typically require that no person shall drive any motor vehicle in and upon any public road or highway at a greater speed than will permit him to bring it to a stop within the assured clear distance ahead." Decisional law usually settles the circumstances by which a portion of the roadway is assuredly clear without it being mentioned in statute. States where the judiciary has explicitly established the state's ACDA law include Indiana, Iowa, Kansas, Louisiana, Michigan, New York, North Carolina, Ohio, Tennessee, Vermont, Wisconsin, and California.
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A defendant is eligible for the death penalty once the jury has concluded that he is a member of that narrow class of criminal defendants who have committed the most morally outrageous of crimes. An eligible defendant is then selected for the death penalty after the sentencer takes into account mitigating evidence about the character and record of the defendant in order to decide whether that individual is worthy of a death sentence. In addition to jury sentencing through the guidance of aggravating factors, a constitutional capital sentencing scheme must provide for appellate review of the death sentence, typically by the state's supreme court. This review must not be a rubber stamp; there must be evidence in the state's decisional law that the court takes seriously its responsibility to ensure that the sentence imposed was not arbitrary.
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