What is the difference between legislation and case law?

What is the difference between legislation and case law?

Common law or case law is law as declared by judges. Legislation is the primary source of law today and all cases start with interpreting the legislation as made by Commonwealth and the States.

Why are court cases important?

A landmark case is a court case that is studied because it has historical and legal significance. The most significant cases are those that have had a lasting effect on the application of a certain law, often concerning your individual rights and liberties.

What do judges base their decisions on?

Judges base their decisions on precedents set in similar cases.

What are the three most important Supreme Court cases?

Landmark United States Supreme Court Cases

• Marbury v. Madison (1803) Issue: Who can ultimately decide what the law is?
• McCulloch v. Maryland (1819)
• Gibbons v. Ogden (1824)
• Dred Scott v. Sandford (1857)
• Schenck v. United States (1919)
• Brown v. Board of Education (1954)
• Gideon v. Wainwright (1963)
• Miranda v. Arizona (1966)

How are court cases names?

(In the trial court, the first name listed is the plaintiff, the party bringing the suit. The name following the “v” is the defendant. If the case is appealed, as in this example, the name of the petitioner (appellant) is usually listed first, and the name of the respondent (appellee) is listed second.

What does V in court cases mean?

In common law countries with an adversarial system of justice, the names of the opposing parties are separated in the case title by the abbreviation v (usually written as v in Commonwealth countries and always as v. in the U.S.) of the Latin word versus, which means against.

How can I sue someone without their name?

It is not recommended, but you can sue them as Doe defendants who’s name is unknown at this time. However, your best bet is to hire a Private Investigator and provide them with the facts you do know. They can get the identificaiton of the individual and prevent you spinning your wheels on the Doe issue.

How do you serve someone you cant find?

Here are a few ways that you may be able to use to locate the other party and to ultimately have him or her served.

1. Personal Service.
2. Send a Letter.
3. Search for a Phone Number or Address.
4. Use Social Media.
5. Pay for a Person Search.
6. Consider Contacting Others.
7. Search Property Records.
8. Use Another Address.

Can someone sue you if they can’t find you?

All depend on your knowing where the defendant is. If you can’t find the defendant personally and do not know where the person lives or works, you won’t be able to complete service, and it probably makes little sense to file a lawsuit.

What happens if you are never served?

If you have not been properly served, and you don’t show up, the court has no personal jurisdiction over you, and can’t enter a judgment against you. The case can be continued to another court date, and the other side can try again to serve you. It’s tricky if you were improperly served.