USA Law

Tag: Judicial Function

  • 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 […]

  • Privileges And Immunities

    Privileges and Immunities in the United States Legal benefits flowing from one’s status as a citizen. A privilege is a benefit or an advantage, while an immunity frees a person from an obligation or a penalty. Certain privileges and immunities exist for a person by virtue of his or her […]

  • Natural Law

    Natural Law in the United States Jurisprudential view that laws which govern all things have their origin in nature. The natural law concept is that such laws are both eternal and unchanging. Natural law jurisprudence asserts that fundamental rules governing human behavior derive from basic […]

  • Political Jurisprudence

    Political Jurisprudence in the United States An approach to the study of law and courts that features the political character of judicial processes. Political jurisprudence is a conceptualization of law with its roots in legal realism generally and sociological jurisprudence more specifically. […]

  • Legal Positivism

    Legal Positivism in the United States A jurisprudence that sees law as a body of man-made rules. Key to legal positivism is the concept of sovereignty and the exercise of sovereign power. Positive law sets out rules of conduct based on the relationship between those who rule and those who are […]

  • Judicial Function

    Judicial Function in the United States The roles performed by the courts in the political system of the United States. Several judicial functions are prominent. The first and most common is dispute resolution. The courts provide a forum for the presentation of arguments and processes by which […]

  • Behavioral Jurisprudence

    Behavioral Jurisprudence in the United States A jurisprudential view that features theories of human decision making. Behavioral jurisprudence attempts to explain law as emanating from the individual values of the principal official participants in the legal process. Behavioral jurisprudence […]

  • Judicial System

    Judicial System in the United States There are several components of a legal system. One is an organized framework. An appreciation of the system’s structure is a necessary condition for understanding what each of the pieces contributes as well as how the system as a whole functions. Second, […]