Judicial Review

Judicial Review in the United States Concept of Judicial Review In the U.S., in the context of Judiciary power and branch, Judicial Review has the following meaning: The power of the judicial branch to review actions of the legislative and executive branches (as well as the state governments) […]

Disclosure

Disclosure in the United States Release of information by one side in a legal case to the other side. Disclosure typically involves a prosecutor revealing information to the defense in a criminal case, but defense disclosure occurs in certain situations as well. Disclosure is a kind of […]

Supersedeas

Supersedeas in United States Supersedeas Definition

(Lat. that you set aside). A stay of proceedings. The name of a writ containing a command to stay the proceedings at law. It is either express, by the issuance of a writ of supersedeas, or implied, by the issuance of a writ, as of […]

Standards of Review

Standards of Review in the United States Standards of Review on Reconsideration (in Disability Claims) Some information about Standards of Review on Reconsideration in this context. Standards of Review (Appeals) This section introduces, discusses and describes the basics of standards of […]

Discovery

Discovery in the United States A procedure used before civil trials that allows one party to obtain information about a case from the opposing party. Discovery assists litigants in civil suits prepare for trial. Evidence is basically gathered in three ways during discovery. The first is by […]

Preclusion

Preclusion (Reviewability) This section introduces, discusses and describes the basics of preclusion. Then, cross references and a brief overview about Reviewability is provided. Finally, the subject of Judicial Review in relation with preclusion is examined. Note that a list of cross […]

Mandamus

Mandamus in the United States An extraordinary writ issued by a court under its equity jurisdiction to require anyone, but most often a public official, to perform a specified official act. Mandamus is an affirmative command calling for an action to occur. When a mandamus is issued against a […]

Exhaustion Of Remedies

Exhaustion of Remedies in the United States United States Constitution According to the Encyclopedia of the American Constitution, about its article titled EXHAUSTION OF REMEDIESExhaustion-of-remedies questions arise in at least two areas of constitutional adjudication. Since Ex parte Royall […]

Remedies

Remedies in United States It is a maxim of law that for every wrong there is a remedy. Remedies are those legal aids that may be invoked by plaintiffs to cure the injuries done to them by defendants. There are a variety of remedies: monetary damages, injunctions, specific performance, and […]

Standing

Standing in the United States The requirement that a real dispute exist between the prospective parties to a lawsuit. Standing must be established in order to proceed in either federal or state courts, although the requirements differ somewhat. The concept of standing has several important […]

Jurisdiction

Jurisdiction in the United States The power of a court to act, including its authority to hear and decide cases. Jurisdiction defines the boundaries within which a particular court may exercise judicial power. Judicial power is specifically conveyed through the assignment of jurisdiction. The […]

Questions of Law

Questions of Law (Reviewability) This section introduces, discusses and describes the basics of questions of law. Then, cross references and a brief overview about Reviewability is provided. Finally, the subject of Judicial Review in relation with questions of law is examined. Note that a list […]

Venue

Venue in the United States The geographical area or district in which a court may hear a case. Venue refers to the location of a trial. Venue differs from jurisdiction in that the latter defines the authority of a court to hear a matter while the former defines only the place that judicial […]

Government Publications and Information Services

Government Publications and Information Services in the United States Government Publications and Information Services in Federal Practice and Procedure This section provides comprehensive coverage of the main aspects of government publications and information services in relation to federal […]

Adjudication

Adjudication in the United States The judicial act of making a judgment in a legal action. Adjudication involves formal decision making processes as a court moves to a final judgment in a lawsuit. Adjudication requires, at minimum, notice to all parties that a decision is being sought, and an […]

Prohibition

Prohibition in United States Prohibition Definition

(Lat. prohibition; from pro and habeo, to hold back). In practice. The name of a writ issued by a superior court, directed to the judge and parties of a suit in an inferior court, commanding them to cease from the prosecution of the […]

Injunctive Relief

Injunctive Relief (Remedies) This section introduces, discusses and describes the basics of injunctive relief. Then, cross references and a brief overview about Remedies is provided. Finally, the subject of Judicial Review in relation with injunctive relief is examined. Note that a list of […]

Litigation With the Government

Litigation With the Government in the United States Litigation with the Government in Federal Practice and Procedure This section provides comprehensive coverage of the main aspects of litigation with the government in relation to federal procedure, including an analysis of the rules as […]

Judicial Review Limitations

Judicial Review Limitations in the United States Introduction to Judicial Review Limitations There are several restrictions on the exercise of judicial review. Courts may strike down unconstitutional laws only when cases are brought to them. In the absence of a case, judges may not issue […]