case law

[antonin]

Hello.

1. Could you please tell me where I might locate the following document?: In Re Barnes, 264 B.R. 415 (Bkrtcy Mich 2001)

2.What do the letters "264" and "415" refer to?

3. What does "In Re" mean?

4. When one is trying to discredit case law, is the best approach to try and demonstrate the case law is not comparable to the present case (the facts and circumstances are not the same and to try and locae newer case law that contradicts the case law being presented?

5. Is newer usually better in case law as long as the circumstances/facts are similar?

Thank you.

[socrateaser]

>
>Hello.
>
>1. Could you please tell me where I might locate the following
>document?: In Re Barnes, 264 B.R. 415 (Bkrtcy Mich 2001)

I looked in my cheap legal database (//www.versuslaw.com), but I didn't find it. Your best bet would be //www.lexis.com. It may cost you a couple of bucks to get the case, but it will be a lot faster than going to the county law library and sifting through the case reporter volumes.

>
>2.What do the letters "264" and "415" refer to?

the first number is the volume of the particular reporter, in this case, the Bankruptcy Reporter, 415 is the page in the volume (pretty simple, actually).

>3. What does "In Re" mean?

In regards to..., just a traditional way that cases in an equity court refer to a petitioner when there is no respondent, as is the case in probate and bankruptcy (also used in marital dissolutions, because both parties have the same last name).

>4. When one is trying to discredit case law, is the best
>approach to try and demonstrate the case law is not comparable
>to the present case (the facts and circumstances are not the
>same and to try and locae newer case law that contradicts the
>case law being presented?

First, you need to make certain that some newer statute crafted by Congress hasn't preempted the case law. Then you need to find every newer case that cites your case, and determine if the newer cases rely on yours or contradict yours. if they conradict, and the court is higher up the appellate road to the U.S. Supreme Court, then your case is overruled.

>5. Is newer usually better in case law as long as the
>circumstances/facts are similar?

Newer is ALWAYS better, if it's from a higher court.

[socrateaser]

[a href=http://opinions.mieb.uscourts.gov/isysnative/QzpcUFJPR1JBTSBGSUxFU1xJU1lTXE1JRUItT1BJTklPTlNcYmFybmVzb3BfNDg0LnBkZg==/barnesop_484.pdf#xml=http://10.213.50.101/isysquery/irl178b/1/hilite]In re Barnes[/a]