USA Law

Tag: Judicial Function

  • Civil Law

    Civil Law in the United States Law concerned with private rights and remedies. Civil law is different from criminal law in that it focuses on transactions of a private kind. Criminal law, on the other hand, prescribes and proscribes behavior in an attempt to protect society from harm. The […]

  • Civil Law

    Civil Law in the United States Law concerned with private rights and remedies. Civil law is different from criminal law in that it focuses on transactions of a private kind. Criminal law, on the other hand, prescribes and proscribes behavior in an attempt to protect society from harm. The […]

  • Law

    Law in the United States A rule of conduct issued or embraced by the authority of government. Law is a manifestation of sovereign power and must be obeyed by all who are subject to it. Laws are enforced in the courts, and sanctions may be imposed for violations of the law. Law has several […]

  • Law

    Law in the United States A rule of conduct issued or embraced by the authority of government. Law is a manifestation of sovereign power and must be obeyed by all who are subject to it. Laws are enforced in the courts, and sanctions may be imposed for violations of the law. Law has several […]

  • Statutory Construction

    Statutory Construction in the United States Interpretation of legislative enactments by the courts. Statutory construction is one of the primary interpretative functions of the Judiciary (Judicial Function). A statute is seldom enacted that anticipates every possible application. Thus it is […]

  • Statutory Construction

    Statutory Construction in the United States Interpretation of legislative enactments by the courts. Statutory construction is one of the primary interpretative functions of the Judiciary (Judicial Function). A statute is seldom enacted that anticipates every possible application. Thus it is […]

  • Writ

    Writ in the United States A written order from a court requiring the recipient of the order to do what is commanded. Numerous kinds of writs exist, but they generally are directed either toward commencement or furtherance of a lawsuit, or they require some particular action to be performed. […]

  • Writ

    Writ in the United States A written order from a court requiring the recipient of the order to do what is commanded. Numerous kinds of writs exist, but they generally are directed either toward commencement or furtherance of a lawsuit, or they require some particular action to be performed. […]

  • Constitutional Law

    Constitutional Law in the United States The aspect of public law that deals with the organic or fundamental law of a political system. Constitutional law addresses itself to the basic organizational framework of the government and the authority of those occupying governmental positions. […]

  • Controversy

    Controversy in the United States A properly asserted legal claim made in a manner appropriate for judicial response. A case or controversy may be decided by federal courts under Article III of the U.S. Constitution. For a case to constitute a bona fide controversy sufficient to satisfy Article […]

  • Adversary System

    Adversary System in the United States A set of processes intended to allow opposing parties in a dispute to present their arguments. Under the adversary system, formal notice is served on the party against whom an action has been filed to allow that party an opportunity to respond. The […]

  • Substantive Due Process

    Substantive Due Process in the United States A substantive review focusing on the content of governmental policy and actions. Substantive due process is distinguished from procedural due process, which attends to the means by which policies are executed. Judicial review of the reasonableness […]

  • Procedural Due Process

    Procedural Due Process in the United States A procedural review that focuses on the means by which governmental actions are executed. Procedural due process guarantees fairness in the ways that government imposes restrictions and punishments. It demands that before any deprivation of liberty […]

  • Separation of Power

    Separation of Power in the United States The doctrine and practice of dividing the powers of government among several coordinate branches to prevent the abusive concentration of power. The distribution of powers embodied in the U.S. Constitution distinguishes functionally between government […]

  • Sociological Jurisprudence

    Sociological Jurisprudence in the United States A view that law and legal processes can only be understood as part of society at large. Sociological jurisprudence had its origin in the work of those who argued that law is part of the historical tradition of a society. This perspective […]