Declaratory Judgments (Remedies) This section introduces, discusses and describes the basics of declaratory judgments. Then, cross references and a brief overview about Remedies is provided. Finally, the subject of Judicial Review in relation with declaratory judgments is examined. Note that a […]
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 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 […]
De Novo Review (Standards of Review) This section introduces, discusses and describes the basics of de novo review. Then, cross references and a brief overview about Standards of Review is provided. Finally, the subject of Judicial Review in relation with de novo review is examined. Note that […]
Factual Determinations (Reviewability) This section introduces, discusses and describes the basics of factual determinations. Then, cross references and a brief overview about Reviewability is provided. Finally, the subject of Judicial Review in relation with factual determinations is […]
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 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 […]
Remittiturs (Judicial Review) This section introduces, discusses and describes the basics of remittiturs. Then, cross references and a brief overview about Judicial Review is provided. Finally, the subject of Administrative Law in relation with remittiturs is examined. Note that a list of […]
Capricious Review (Standards of Review) This section introduces, discusses and describes the basics of capricious review. Then, cross references and a brief overview about Standards of Review is provided. Finally, the subject of Judicial Review in relation with capricious review is examined. […]
Final Order Requirement (Reviewability) This section introduces, discusses and describes the basics of final order requirement. Then, cross references and a brief overview about Reviewability is provided. Finally, the subject of Judicial Review in relation with final order requirement is […]
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 (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 […]
Preservation for Review (Reviewability) This section introduces, discusses and describes the basics of preservation for review. Then, cross references and a brief overview about Reviewability is provided. Finally, the subject of Judicial Review in relation with preservation for review is […]
Statutory Interpretation in the United States United States Constitution According to the Encyclopedia of the American Constitution, about its article titled STATUTORY INTERPRETATION: Much has been written of the circumstances under which courts should strike down legislation. The […]
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 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 […]
Exceeding Statutory Authority (Standards of Review) This section introduces, discusses and describes the basics of exceeding statutory authority. Then, cross references and a brief overview about Standards of Review is provided. Finally, the subject of Judicial Review in relation with […]
Stays of Proceedings (Entry of Judgments) This section introduces, discusses and describes the basics of stays of proceedings. Then, cross references and a brief overview about Entry of Judgments is provided. Finally, the subject of Judgments in relation with stays of proceedings is examined. […]
Interpretation in United States Interpretation Definition
The act of finding out the true sense of any form of words that is, the sense which their author intended to convey and of enabling others to derive from them the same idea which the author intended to convey. 14 How. Pr. R. (N. […]
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 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 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 […]
Constitutional Right (Standards of Review) This section introduces, discusses and describes the basics of constitutional right. Then, cross references and a brief overview about Standards of Review is provided. Finally, the subject of Judicial Review in relation with constitutional right is […]
Reviewability (Appeals) This section introduces, discusses and describes the basics of reviewability. Then, cross references and a brief overview about Appeals is provided. Finally, the subject of Civil Procedure in relation with reviewability is examined. Note that a list of cross references, […]
Remands (Administrative Record) This section introduces, discusses and describes the basics of remands. Then, cross references and a brief overview about Administrative Record is provided. Finally, the subject of Judicial Review in relation with remands is examined. Note that a list of cross […]
Rule Interpretation (Pleadings) This section introduces, discusses and describes the basics of rule interpretation. Then, cross references and a brief overview about Pleadings is provided. Finally, the subject of Civil Procedure in relation with rule interpretation is examined. Note that a […]
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 […]
Arbitrary Review (Standards of Review) This section introduces, discusses and describes the basics of arbitrary review. Then, cross references and a brief overview about Standards of Review is provided. Finally, the subject of Judicial Review in relation with arbitrary review is examined. Note […]
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 […]
Substantial Evidence (Standards of Review) This section introduces, discusses and describes the basics of substantial evidence. Then, cross references and a brief overview about Standards of Review is provided. Finally, the subject of Judicial Review in relation with substantial evidence is […]
Ripeness in the United States Readiness of a case for judicial response. Ripeness involves whether a case has matured sufficiently to require the exercise of judicial power. Courts only exercise power in cases where there are bona fide legal controversies. Cases that are not ripe may not have […]
Rulemaking in the United States Rulemaking in Federal Practice and Procedure This section provides comprehensive coverage of the main aspects of rulemaking in relation to federal procedure, including an analysis of the rules as interpreted and applied by the federal courts and affected by […]
Scope of Review of Administrative Decisions in the United States Scope of Review of Administrative Decisions in Federal Practice and Procedure This section provides comprehensive coverage of the main aspects of scope of review of administrative decisions in relation to federal procedure, […]
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 […]
Abuse of Discretion (Standards of Review) This section introduces, discusses and describes the basics of abuse of discretion. Then, cross references and a brief overview about Standards of Review is provided. Finally, the subject of Judicial Review in relation with abuse of discretion is […]
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 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 (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 […]
Unlawful Procedures (Standards of Review) This section introduces, discusses and describes the basics of unlawful procedures. Then, cross references and a brief overview about Standards of Review is provided. Finally, the subject of Judicial Review in relation with unlawful procedures is […]
Clearly Erroneous Review (Standards of Review) This section introduces, discusses and describes the basics of clearly erroneous review. Then, cross references and a brief overview about Standards of Review is provided. Finally, the subject of Judicial Review in relation with clearly erroneous […]
Integrity in the Administrative Process in the United States Integrity in the Administrative Process in Federal Practice and Procedure This section provides comprehensive coverage of the main aspects of integrity in the administrative process in relation to federal procedure, including an […]
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 […]
Justiciability for Review of Administrative Decisions in the United States Justiciability for Review of Administrative Decisions in Federal Practice and Procedure This section provides comprehensive coverage of the main aspects of justiciability for review of administrative decisions in […]
Investigatory and Information Gathering Powers in the United States Investigatory and Information Gathering Powers in Federal Practice and Procedure This section provides comprehensive coverage of the main aspects of investigatory and information gathering powers in relation to federal […]
Judicial Review of Administrative Action in the United States Judicial Review of Administrative Action in Federal Practice and Procedure This section provides comprehensive coverage of the main aspects of judicial review of administrative action in relation to federal procedure, including an […]
The Nature of Administrative Law and Practice in the United States The Nature of Administrative Law and Practice in Federal Practice and Procedure This section provides comprehensive coverage of the main aspects of the nature of administrative law and practice in relation to federal procedure, […]
Sources of Administrative Procedure in the United States Sources of Administrative Procedure in Federal Practice and Procedure This section provides comprehensive coverage of the main aspects of sources of administrative procedure in relation to federal procedure, including an analysis of the […]
Threshold Limitations on Judicial Review in the United States Threshold Limitations on Judicial Review in Federal Practice and Procedure This section provides comprehensive coverage of the main aspects of threshold limitations on judicial review in relation to federal procedure, including an […]
Impact Through Oversight in the United States Impact through Oversight in Federal Practice and Procedure This section provides comprehensive coverage of the main aspects of impact through oversight in relation to federal procedure, including an analysis of the rules as interpreted and applied […]
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 […]