Marta Tigano

A further example of judicial application of the «more liquid reason» standard

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Abstract

The Author takes a cue from a ruling about the recognition of the pre-role teaching service in private schools, where the judge uses the standard of the «more liquid reason». As is well known, this standard allows to anticipate the examination of the issue which is easier to resolve and to postpone all the others which, in this way, remain absorbed. The Author intends to point out the increasing diffusion of this standard, reserving a subsequent study to the application of the standard in the judicial processes concerning mixed questions of civil law and canon law.

Keywords

  • Order of issues
  • More liquid reason
  • Extension of the standard

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