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Yarborough v. Alvarado has been cited in subsequent Supreme Court decisions as precedent for providing state courts leeway in reaching case by case determinations for general rules.
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Nine jurors will provide the court leeway if one or two have to be excused midway through the trial.
The Justice Safety Valve Act would give courts more leeway to avoid that one-size-fits-all approach.
In September, the parliament amended the bankruptcy laws to give the courts less leeway in such cases.The police, too, pursue vendettas against well-heeled foreigners.
In that case, Uttecht v. Brown, a 5-to-4 majority gave state courts great leeway in death penalty trials to remove jurors who express even mild doubt about capital punishment.
In common law cases, state courts have leeway to interpret the common law and "create" it where precedent has heretofore been silent or where, in the judge's opinion, existing law is inapplicable.
Courts allow boards leeway to use their own judgments.
By wading into realms where the district courts traditionally have leeway, the Supreme Court majority undoubtedly believes it is correcting lower-court mistakes.
If the bank had withdrawn almost $250 million directly from Mr. Madoff's firm, Bernard L. Madoff Investment Securities, the bank would be subject to federal bankruptcy rules that give the court-appointed trustee leeway to recover money paid out over the previous year and use it to repay creditors.
Companies routinely have their pension disputes decided by federal courts, which grant more leeway in changing pension plans.
"The greater the threat, the greater the leeway the courts will give government," said Peter H. Schuck, a professor at Yale Law School.
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