How can one find a comprehensive enumeration of all the precedent setting cases that pertain to a particular issue or rulings on a given statute? how can one find a comprehensive enumeration of all the precedent setting cases that pertain to a particular issue or the application of a particular statute?
new-zealand The Law Society provides this research service where specially trained people scour through all relevant databases and return to you what they have found. Though this service is only available to lawyers (and other people associated with the profession), a lawyer can submit a request for you. Find one that charges in 15-min (or less) time chunks (instead of rounding up to hours) and the price will be reasonable. Some of the databases are freely available: NZLII and JDO, but they are far from being comprehensive. Comprehensive databases are available commercially e.g. CaseBase, though subscriptions typically cost several thousand $ per annum.
Google Scholar is not specifically a legal research tool. The search does return many court and legal documents Which court opinions do you include? Currently, Google Scholar allows you to search and read published opinions of US state appellate and supreme court cases since 1950, US federal district, appellate, tax and bankruptcy courts since 1923 and US Supreme Court cases since 1791. In addition, it includes citations for cases cited by indexed opinions or journal articles which allows you to find influential cases (usually older or international) which are not yet online or publicly available. From https://scholar.google.com/intl/en/scholar/help.html#coverage but by reading those inclusions, you can see that it's not as complete as some of the paid commercial services available. The most important criticism of Google Scholar for legal research appears to be the lack of a way to fully Shepardize cases; see Shepard's Citations - Wikipedia Shepardizing determines if cases have been overruled (or reaffirmed, questioned, or cited by later cases). Google Scholar will show case citations; but they are not as complete as commercial services. See https://www.google.com/search?q=google+scholar+shepardize for critical references. If you're going to argue with a lawyer, completely Shepardizing your relevant cases is rather important.
Yes, you can appeal Deciding that an issue is moot is a matter of law. Issues of law are apealable. So, from your example, if the evidence showed that the tenant was still at the premises and, for whatever reason, the court misinterpreted or misunderstood that evidence, then there would clearly have been an appealable error of law in deciding that the issue was moot. However, if the evidence showed the tenant had left the premises and the court decided on that basis the case was moot they would have clearly been right and an appeal would fail.
There have been instances where the US Supreme Court has held over cases to the next term, and instances where they ordered a case re-argued in the next term. Brown vs Board of Education was a particularly well known case that was reargued. I believe that such occasions are rare, and that the court makes a significant effort to decide each case in the same term where certiorari is granted. Once exception is when the Court has a vacancy and is waiting fora new Justice to be confirmed, and the Justices in office are tied. Then cases with 4-4 splits are often held and re-argued. More often, the Justices decide, after granting certiorari, that this was a mistake, and dismiss the case altogether. The phrase used is that the writ is &quot;dismissed as improvidently granted&quot; or &quot;DIGed&quot;. This has the same ultimate effect as if certiorari had never been granted -- the lower court decision is left standing, and no Supreme Court precedent is created. This is still fairly rare. To the best of my knowledge there is no rule requiring decision within any specific time, but I have never heard of a case held over for more than one term.
Is it true that there has never been a single case It is tough to prove a negative. I am not going to completely parse the quote but please notice that the quote states "we couldn't find" and concludes that "it doesn't happen." Given these two pieces of information I do not conclude that there has never been a single case. Rather I conclude that the speaker in your quote could not find a case therefore he concluded that there has never been a single case. It's largely impossible to determine that there has never been a single such case. We can search published opinions but that barely scratches the surface of lawsuits that are filed. It is entirely possible that someone filed a suit which was quickly dismissed. The Act provides a defense, it does not bar lawsuits. Someone might get sick from food and not know where the food came from so they sue the provider. If this happens the provider may raise the Emerson Act as a defense and escape liability to the extent applicable. But again, we will never know because it's impossible to examine every lawsuit filed in this country.
The Supreme Court of the United States is our apex court. Its decisions on constitutional questions are binding throughout the country. It is not, however, limited to considering constitutional issues, as it may also consider appeals addressing questions of statutory interpretation and rules of procedure. In very limited cases, it may also sit as a trial court in cases where it has original jurisdiction.
If you want to study the basics of law, where should you start? Don't try memorizing individual laws. That would be a waste of energy, in part because --as you rightly point out-- laws change. There are many introductory books. Law 101, by Jay M. Feinman, is an excellent starting point. The next step --broadly speaking-- consists of reading court decisions (aka court opinions). Opinions released by upper (aka reviewing) courts are available online for free. If you are interested in jurisdictions in the US, Leagle.com is one of many very good resources; EU cases are available here; and so forth. Acquainting yourself with court opinions is quite beneficial. First, court opinions [collaterally] teach how to formulate one's legal positions. Rather than merely being formulaic and a copycat, a litigant is to convey that his legal position is more consistent (compared to the adversary) with the laws and underlying doctrines. His points are easier to get across by adapting his presentation thereof to how courts are used to handle the legal principles involved. Second, court opinions identify the statutes that are relevant to the type of disputes that arise between parties. This is indicative of importance that a statute or procedural rule entails in relation to other laws. Third, court opinions reflect how statutes, rules, and doctrines are interpreted. Oftentimes the way how legislation is worded leads &quot;laypeople&quot; to have misconceptions on the interpretation of laws and rules, when in reality these are construed usually in a much narrower way. Law journals are a good source once you have gained some background in law and are interested in a sort of monograph about a topic that is new to you. But, as explained above, court opinions also serve that purpose (perhaps less scholarly). Having a legal dictionary is always a good idea. Courts in the US oftentimes quote definitions from Black's Law Dictionary for crucial terms which statutory law does not define. What is most applicable to real life? Without knowing whether you are interested in a particular field, it is safe to say that contract law is the most applicable. Entering contracts is part of our everyday life even if laypeople don't notice it when they purchase goods &amp; services, reach an agreement, or engage in a course of conduct which reasonably fosters expectations. And good news is that the principles of contract law are largely similar among modern jurisdictions, including the America (the continent, not just the USA), many member states of the EU, and Asian countries. The Restatement (Second) of Contracts is a very useful formulation of contract law. Courts in the US very often cite the Restatement for premising their decisions on contract disputes. In countries with a civil law system, the principles of contract law are usually formulated in one or multiple sections of the [countries'] Civil Code. Procedural law (aka rules of criminal or civil procedure) is also highly applicable: Large portions thereof apply to all disputes which are brought to court. To a great extent these rules are very similar across the jurisdictions of one same country, but the litigant ought too ensure his compliance with the rules lest he loses the case for a technicality. Lastly, procedural law can be remarkably boring unless the person anticipates he will be involved in litigation.
As there is no any applicable special definition of "focus" in that context, the plain meaning rule applies: the "focus" of a statute is what the statute is focused on. Any ordinary synonyms apply: concentrated on, revolves around, addresses itself to. What exactly a statute is focused on is determined by way of its interpretation and analysis. This is part of what judges do.