Abstract

http://ssrn.com/abstract=2267158
 


 



What Makes a 'Leading' Case?


Ivor Richardson


Victoria University of Wellington - Faculty of Law

2010

“What Makes a ‘Leading’ Case” (2010) 41 VUWLR 317.
Victoria University of Wellington Legal Research Paper Series Richardson Paper No. 49

Abstract:     
The theme developed in the paper is that what makes a leading case is not immediately apparent or able to be captured in a short definition. The crucial questions are how and why a case is seen to be or to have been particularly influential in settling an area of the law. Exploring these questions necessarily involves viewing the case in its historical context. Economic and behavioral implications and impacts should also be kept in mind.

The paper draws on empirical research involving retired judges, experienced lawyers, and judges' clerks and on specialist essays by senior academic lawyers produced for the 50th anniversary conference of the Court of Appeal in 2008. The research results show how much room there is for differing assessments of significance. The second half of the paper discusses a range of appeal cases explaining how and why the Court focused on particular matters of significance in deciding the cases.

Number of Pages in PDF File: 23

Keywords: leading cases, decisions of the New Zealand Court of Appeal, empirical research

JEL Classification: K10, K30

Accepted Paper Series





Download This Paper

Date posted: June 21, 2013 ; Last revised: November 26, 2013

Suggested Citation

Richardson, Ivor, What Makes a 'Leading' Case? (2010). “What Makes a ‘Leading’ Case” (2010) 41 VUWLR 317.; Victoria University of Wellington Legal Research Paper Series Richardson Paper No. 49. Available at SSRN: http://ssrn.com/abstract=2267158

Contact Information

Ivor L. M. Richardson (Contact Author)
Victoria University of Wellington - Faculty of Law ( email )
PO Box 600
Wellington, 6140
New Zealand

Feedback to SSRN


Paper statistics
Abstract Views: 106
Downloads: 33

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo4 in 0.281 seconds