Set of rules or procedures through which judgements can be determined in a legal case
A legal doctrine is a framework, set of rules, procedural steps, or test, often established through precedent in the common law, through which judgments can be determined in a given legal case. For example, a doctrine comes about when a judge makes a ruling where a process is outlined and applied, and allows for it to be equally applied to like cases. When enough judges make use of the process, it may become established as the de facto method of deciding like situations.
Examples
Examples of legal doctrines include:
See also
References
- ^ Glynn, Timothy P.; Arnow-Richman, Rachel S.; Sullivan, Charles A. (2019). Employment Law: Private Ordering and Its Limitations. Wolters Kluwer Law & Business. ISBN 9781543801064 – via Google Books.
- ^ a b Annual Institute on Employment Law. Vol. 2. Practising Law Institute. 2004 – via Google Books.
- ^ New York Jurisprudence 2d. Vol. 52. West Group. 2009 – via Google Books.
- ^ Labor Cases. Vol. 158. Commerce Clearing House. 2009 – via Google Books.
- ^ Ellie Kaufman (May 19, 2018). "Met Opera sues former conductor for $5.8 million over sexual misconduct allegations". CNN.
- ^ Saxe, David B.; Lesser, Danielle C. (May 29, 2018). "The Ancient Common Law Faithless Servant Rule: Still Relevant in New York". New York Law Journal.
- ^ Manning Gilbert Warren III (2010). "Equitable Clawback: An Essay on Restoration of Executive Compensation". 12 University of Pennsylvania Journal of Business Law 1135.
- ^ Frank J Cavico, Bahaudin G Mujtaba, Stephen Muffler. (2018). "The Duty of Loyalty in the Employment Relationship: Legal Analysis and Recommendations for Employers and Workers". Journal of Legal, Ethical and Regulatory Issues, Vol. 21, Issue 3.
- ^ a b Willes, John A; Willes, John H (2012). Contemporary Canadian Business Law: Principles and Cases (9th ed.). McGraw-Hill Ryerson.
External links
- Media related to Legal doctrines and principles at Wikimedia Commons
- Pierre Schlag and Amy J. Griffin, "How to do Things with Legal Doctrine" (University of Chicago Press 2020)
- Emerson H. Tiller and Frank B. Cross, "What is Legal Doctrine?," Northwestern University Law Review, Vol. 100:1, 2006.