Legal Formalism vs Realism
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πŸ‘€︎ u/DANGEROUS-jim
πŸ“…︎ Jan 25 2019
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ELI5: What is the difference between judicial activism and legal formalism and what makes one more right than the other?

I am currently a law student in Australia and working on a paper in reference to my questions above but I am honestly stuck on what each one means and which one is more appropriate. I am finding mixed meanings to each one and very mixed reasons as it which one is 'better'. I have searched on this topic but a lot of the explanations I am finding are 15 page long research papers.

Any explanation/help would be greatly appreciated.

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πŸ‘€︎ u/cst238
πŸ“…︎ May 27 2014
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[OlΓ©.com.ar] Wanda Nara and PSG attacker Mauro Icardi have had a formal legal complaint filed against them in Argentina for money laundering and corruption thru their co-owned company ole.com.ar/informacion-ge…
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πŸ‘€︎ u/us3rf
πŸ“…︎ Dec 17 2021
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Tensions rise in the SOM vs SSM (formally SSOM) legal battle
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πŸ‘€︎ u/TheRedVipre
πŸ“…︎ Jan 04 2022
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Ohio GOP Lawmakers File New Marijuana Legalization Bill -- Reps. Jamie Callender (R) and Ron Ferguson (R) first announced their plan to push the legislative reform proposal in October. Now they’re moving ahead with formal introduction of the β€œOhio Adult Use Act.” marijuanamoment.net/ohio-…
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πŸ‘€︎ u/redditor01020
πŸ“…︎ Dec 06 2021
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Christian Porter to be formally asked to explain declaration that β€˜blind trust’ helped pay his legal fees theguardian.com/australia…
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πŸ‘€︎ u/Mildebeest
πŸ“…︎ Nov 01 2021
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[LeΓ³n] There was a verbal agreement between @SJEarthquakes and @Chivas for a loan extension for Eduardo "Chofis" LΓ³pez for 6 more months, which renmained at that. The legal notice was never made or formalized. On December 31, the deadline to specify it expired. twitter.com/_NataliaLeon_…
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πŸ‘€︎ u/SuperHumaaan
πŸ“…︎ Jan 04 2022
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WTW for an adjective that describes a conversation with an overly formal, legal-like, dry tune.

I thought about official or legislatorial, but they seem not specific enough and too related to law.

Ordaining is another I thought of, but it's too authoritative. I'm hoping to describe a conversation that is not related to law, but uses a very formal and polite tune, but is not authoritative in nature, rather it's the result of two very polite people having a friendly conversation.

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πŸ‘€︎ u/Mani0770
πŸ“…︎ Nov 27 2021
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Oop, practicing therapy without a formal education and licensure isn’t legal… Certification from a course at an unaccredited junior college does not a licensed therapist make.
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πŸ“…︎ Oct 27 2021
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EU proposes legal footing for 50% cut in formalities (Brexit) rte.ie/news/brexit/2021/1…
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πŸ‘€︎ u/maffikins
πŸ“…︎ Nov 18 2021
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Edward Snowden β€œToday Bitcoin was formally recognized as legal tender in its first country. Beyond the headlines, there is now pressure on competing nations to acquire Bitcoinβ€”even if only as a reserve assetβ€”as its design massively incentivizes early adoption. Latecomers may regret hesitating” twitter.com/Snowden/statu…
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πŸ‘€︎ u/thadiusb
πŸ“…︎ Sep 08 2021
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Migrants arrested by Texas in border crackdown are being imprisoned for weeks without legal help or formal charges texastribune.org/2021/09/…
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πŸ‘€︎ u/zsreport
πŸ“…︎ Sep 27 2021
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Christian Porter to be formally asked to explain declaration that β€˜blind trust’ helped pay his legal fees | Christian Porter theguardian.com/australia…
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πŸ‘€︎ u/Niscellaneous
πŸ“…︎ Nov 01 2021
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Why is it that all of the legal documents have such super formal language?

I've noticed that in most of the legal documents they have very formal language. Is there any particular reason for such language. For instance, (All of the Undersigned participants shall henceforth .....) Instead of that couldn't they just say (all of the participants listed below should ... immediately).

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πŸ‘€︎ u/SnoozySammy
πŸ“…︎ Dec 18 2021
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Migrants arrested by Texas in border crackdown are being imprisoned for weeks without legal help or formal charges texastribune.org/2021/09/…
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πŸ‘€︎ u/zsreport
πŸ“…︎ Sep 27 2021
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Edward Snowden β€œToday Bitcoin was formally recognized as legal tender in its first country. Beyond the headlines, there is now pressure on competing nations to acquire Bitcoinβ€”even if only as a reserve assetβ€”as its design massively incentivizes early adoption. Latecomers may regret hesitating”

Edward Snowden β€œToday Bitcoin was formally recognized as legal tender in its first country. Beyond the headlines, there is now pressure on competing nations to acquire Bitcoinβ€”even if only as a reserve assetβ€”as its design massively incentivizes early adoption. Latecomers may regret hesitating”

Link to the source: https://twitter.com/Snowden/status/1435320690404700168?s=20

This is a revolutionary moment. I'm proud to be part of the history. We are living in exciting times! Bullish on future of the Crypto!

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πŸ“…︎ Sep 08 2021
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I loathe formal office wear, but need to dress professionally-conservative (legal). Any ideas?

I half-heartedly buy the black suits (I’m female, but men’s too, since I have swimmer shoulders, think Princess Charlene, and women’s blazers are too narrow mostly), but I cannot get used to blouses, shirts to be ironed, little scarves, pussybows (horror) and the like. It’s so difficult to dress in a way that still somehow resembles my freedom-loving personality and casual style (jeans, tshirt, boots, leather jacket). Do you have any tips? Thank you!

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πŸ‘€︎ u/Guineadreamer
πŸ“…︎ Sep 12 2021
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It is time to take Legal Actions against CalChip Connect and it’s fraudulent activities. Please file your formal compliant to the office of the Attorney General of the State of Pennsylvania: https://www.attorneygeneral.gov/submit-a-complaint/
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πŸ‘€︎ u/bravetrout
πŸ“…︎ Dec 04 2021
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Is there any chance of legal prosecution if we all file formal complaints against Binger for his unprofessional conduct. I agree that any of us could move to Kenosha anytime and that we need to know the DA isn’t going to try and purposely botch a case like he is, so he can have a second chance.
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πŸ‘€︎ u/WallaceRabbit
πŸ“…︎ Nov 11 2021
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El Salvador acquired roughly $21 million worth of bitcoin on Monday, President Nayib Bukele announced, buoying the crypto market ahead of making history Tuesday by becoming the first country in the world to formally adopt the digital currency as legal tender.
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πŸ‘€︎ u/VictorSean
πŸ“…︎ Sep 07 2021
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Mexican Senate Committees Formally Approve Marijuana Legalization Bill For Full Floor Action marijuanamoment.net/mexic…
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πŸ‘€︎ u/NotsoPG
πŸ“…︎ Nov 19 2020
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This is a formal request for an Ask Me Anything (AMA) for Bradley Katsuyama the CEO and co-founder of the IEX: Citadel Securities officially launched a legal war against the SEC and asked a court to overturn the SEC's bipartisan approval of a trading method launched by IEX Group

Citadel Securities filed its intention to sue IEX in October, which was shortly after Ryan Cohen made the first step towards revolutionizing global finance and dethroning Amazon by investing in Gamestop.

CNN: February 4, 2021

https://www.cnn.com/2021/02/04/investing/wall-street-robinhood-citadel-iex/index.html

On the same day that Senator Elizabeth Warren demanded answers on Robinhood's ties to Citadel Securities and its affiliated hedge fund, the Chicago-based firm officially launched a legal war Tuesday against the Securities and Exchange Commission.

In previously unreported court documents, Citadel Securities asked a court to overturn the SEC's bipartisan approval of a trading method launched by IEX Group, the exchange made famous by Michael Lewis' book "Flash Boys."

The timing of Citadel's 77-page court filing Tuesday was unrelated to the recent market turbulence. Citadel Securities filed its intention to sue in October and the two sides agreed last fall to a February 2 deadline for a brief.

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πŸ“…︎ Sep 07 2021
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My aunt’s neighbours have threatened to inform her Estate Agents of a 'boundary dispute', despite no formal letters or legal action to her. What are her options?

My Aunt is in the process of selling her property in England.

A neighbour has recently approached her claiming that part of my aunt’s courtyard that abuts the wall of the neighbours property partly belongs to them.

They have no physical access to this courtyard other than via my aunt's property. There is a line on the title plan approximately one metre from the neighbours wall, which the neighbour claims is the boundary.

My aunt has refused to engage with them on this without any further formal/official activity (edit, to prevent confusion after a few comments, this has all been through verbal discussion or passive-aggressive notes being put through the front door, rather than anything officially lodging a dispute.)

Her understanding is that the line on the plan does not denote a legal boundary, and access is adequately provided via the covenants.

My aunt has suggested the neighbour engages a boundary surveyor and would not obstruct a survey being done, as she is confident that the situation is as she understands it.

The neighbour has now written to say that as my aunt has not engaged with them further, they will tell the Estate Agent that is selling her property that there is a boundary dispute - despite them not having presented any evidence or a solicitor’s letter in writing to my aunt.

She's asked what their motivations are for pursuing this with her, and has been told it's because the neighbours want to put their bins in her courtyard. She doesn't understand how this behaviour is being amped up to the point where they want to get the Estate Agent involved.

What recourse does my aunt have, should the neighbour approach the estate agent? She is now terrified this will blow up the chance of selling her house.

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πŸ‘€︎ u/JohnLaurel
πŸ“…︎ Sep 04 2021
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Legal ppl of this thread: why doesn’t briana get formal support?

So Luis is obviously trash and Devoin is a busboy/waiter but what is the down side to briana requesting formal child support? I understand child support payments would come with the fathers getting some type of visitation rights however any child case worker would look at their living conditions and award briana full custody? I also get Florida is a totally different state so just curious what anyone else things

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πŸ‘€︎ u/jkappa11
πŸ“…︎ Jul 07 2021
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Any legal recourse for damages with no formal tenancy agreement?

Hi there, thanks for reading my post! My mom is currently in a sticky situation with a family member who she allowed to live in her house rent-free while my mom was living with my grandparents and acting as their caregiver in their old age. They lived in the house for 6 years and during their time they did a number of changes to the house, including adding an outdoor outlet, an extra spigot for a hose, tore down some drywall to expose a sealed-up window, and put numerous bird feeders around the property which attracted rats and caused an infestation that was never dealt with (they never took down the bird feeders). I need to add that the electrical and plumbing additions were NOT done by a plumber/electrician, they were done by one of the family members living in the house. He may have done them up to code but the fact is that now my mom either has to pay to have them removed or have an inspector come and approve them to prevent her house insurance being void.

My question is whether my mom is able to make a claim with the tenancy board to recoup the cost of repairs that need to be made to the drywall and for either an inspector to come approve the plumbing/electrical changes or to have them removed completely. There was never a tenancy agreement or any kind of documentation signed when they moved in so I'm unsure if tenancy laws would apply in this situation. Has my mom learned a costly lesson and is SOL?

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πŸ‘€︎ u/Azhrei42
πŸ“…︎ Sep 16 2021
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Migrants arrested by Texas in border crackdown are being imprisoned for weeks without legal help or formal charges texastribune.org/2021/09/…
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πŸ‘€︎ u/zsreport
πŸ“…︎ Sep 27 2021
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Black's Law DICTIONARY... The Official Legalize Dictionary, for ALL LEGAL TALK & Formal Documentation Submissions... Wanna Know What THEY are Really Saying. This is the Dictionary of the LEGALIZE in-JUSTICE SYSTEM. No Other Dictionary Definitions Matter.
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πŸ‘€︎ u/Shanobido47
πŸ“…︎ Jun 30 2021
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California formally legalizes CBD

https://www.letstalkhemp.com/california-cbd-gets-ok/

Having a suite of cannabinoids for when the legislators can get out of their own way should play well.

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πŸ‘€︎ u/thecallyman
πŸ“…︎ Sep 16 2021
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Migrants arrested by Texas in border crackdown are being imprisoned for weeks without legal help or formal charges - KPRC Click2Houston click2houston.com/news/te…
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πŸ‘€︎ u/Studio10eleven
πŸ“…︎ Sep 27 2021
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Send an anonymous Legal Email to Your Child’s School - Lawyers for Liberty can send a formal email to the headteacher advising them of the legal risks of their policy. lawyersforliberty.uk/scho…
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πŸ‘€︎ u/JohnGalt_LS
πŸ“…︎ Sep 15 2021
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Unique C&F question: Utilizing a legal nonprofit's services to have membership records formally removed from the membership files of a high demand religion

So this is probably a bit of a weird one, but here goes.

I was once a part of a high demand religion that compiles and stores exhaustive personal information records about each person who is a member of the religion (including all addresses going back years, phone and email, names of all family members and their phone and email, etc). This religion also keeps a tally of how often/the last time you attended church services, and they use personal records to conscript other church members to call you/text you/show up at your door in an effort to convince you to come back to church. Formally requesting that they cease contact with you is not an effective means to stop contact, because the centralized leadership of this church constantly exerts pressure on the rank-and-file to initiate contact with all "inactive" church members on file in the membership records at the local level. Even if you can get one person to stop contacting you, it is really a whack-a-mole game with everyone else who is convinced their salvation requires them to continue to contact others despite requests to cease contact.

The only way to stop unwanted contact is to get the religion to formally remove your records from their membership files. But, this religion has made it very procedurally difficult to have these records removed. Requesting removal without legal representation often results in the request being ignored and/or being stonewalled. Thus, getting these records removed often requires some form of legal process.

There is a legal nonprofit that offers its services for free for those that wish to have their records removed from this religion. I am considering using the services of this legal nonprofit, but wonder (1) if I will have to flag this on my bar application, and (2) what I should say about it. My state's application asks a very broad question about whether you have ever been a party to a civil matter, and while using this nonprofit's services does not result in a formal lawsuit, it is, in the broadest sense, a civil matter.

Is this something I need to self-report on the application, and if so, what should I plan to say about it? It's ridiculous that one needs to enlist legal services to get a religion to stop contacting you and compiling your personal information, but here we are.

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πŸ‘€︎ u/nyeofthetiger
πŸ“…︎ Jun 22 2021
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Got my (they/them) legal name change application approved Wednesday and just got home from the first formal get together as Levian. Feels great
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πŸ‘€︎ u/Titelius_Thorex
πŸ“…︎ Aug 28 2021
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Migrants Arrested By Texas In Border Crackdown Are Being Imprisoned For Weeks Without Legal Help Or Formal Charges - Houston Public Media houstonpublicmedia.org/ar…
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πŸ‘€︎ u/Studio10eleven
πŸ“…︎ Sep 28 2021
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Migrants arrested by Texas in border crackdown are being imprisoned for weeks without legal help or formal charges - KRIS Corpus Christi News kristv.com/news/texas-new…
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πŸ‘€︎ u/Studio10eleven
πŸ“…︎ Sep 27 2021
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BREAKING: Today, Brennan Center United and @BrennanCenter management reached a voluntary recognition agreement to formalize our staff union! (UAW Local 2320 - National Organization of Legal Services Workers) twitter.com/BCJ_United/st…
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πŸ‘€︎ u/RedditGreenit
πŸ“…︎ Sep 16 2021
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Moroccan Jews Lose Court Battle Over Formal Recognition as Holocaust Survivors: The ruling by Israel's top court wasn't viewed as a total loss by the plaintiffs, as some benefits were afforded to Moroccan immigrants during the long legal battle haaretz.com/israel-news/.…
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πŸ‘€︎ u/drak0bsidian
πŸ“…︎ Aug 30 2021
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