Us
All articles tagged with jurisdiction: us
42 USC Section 1983
Overview of Section 1983 42 U.S.C. Section 1983 is the primary federal statute allowing individuals to sue state and local government officials for violations of federal constitutional or statutory …
Administrative Procedure Act
Overview of the Administrative Procedure Act The Administrative Procedure Act (APA) , enacted in 1946, is the federal statute governing the procedures by which federal agencies propose and establish …
Appellate Procedure in the United States
Overview of Federal Appellate Procedure Appellate procedure in the United States federal system is governed by the Federal Rules of Appellate Procedure (FRAP) , the relevant circuit’s local …
Brown v. Board of Education (1954)
Overview Brown v. Board of Education of Topeka, 347 U.S. 483 (1954), is a landmark Supreme Court decision that declared racial segregation in public schools unconstitutional. The unanimous ruling …
Citizens United v. FEC (2010)
Overview Citizens United v. Federal Election Commission, 558 U.S. 310 (2010), is a landmark Supreme Court decision that held that the First Amendment prohibits the government from restricting …
Civil Rights Act of 1964
Overview of the Civil Rights Act of 1964 The Civil Rights Act of 1964 is the most comprehensive federal civil rights legislation in American history. Signed into law by President Lyndon B. Johnson on …
Class Actions in the United States
Understanding Class Actions A class action is a type of lawsuit in which one or more plaintiffs sue as representatives of a larger group of similarly situated persons. This procedural device allows …
Commerce Clause
Overview of the Commerce Clause The Commerce Clause, found in Article I, Section 8, Clause 3 of the United States Constitution, grants Congress the power to regulate commerce with foreign nations, …
Discovery in United States Law
Understanding Discovery Discovery is the pretrial phase in litigation during which parties exchange information and evidence relevant to the case. The discovery process enables each party to obtain …
Employment at Will in the United States
Understanding Employment at Will Employment at will is a fundamental doctrine in American labor law providing that, absent a specific agreement to the contrary, either the employer or the employee may …
Federal Civil Procedure
Overview of Federal Civil Procedure Federal civil procedure is governed by the Federal Rules of Civil Procedure (FRCP) , promulgated by the Supreme Court and adopted by Congress under the Rules …
Federal Criminal Procedure
Overview of Federal Criminal Procedure Federal criminal procedure is governed by the Federal Rules of Criminal Procedure (FRCrP) , the Constitution, and federal statutes. The rules establish …
Federal Preemption in United States Law
Understanding Federal Preemption Federal preemption is a constitutional doctrine under which federal law supersedes conflicting state law. Derived from the Supremacy Clause of Article VI, which …
Federalism
Overview of American Federalism Federalism is a system of government in which power is divided between a national government and state governments, each possessing independent authority over certain …
Fifth Amendment
Overview of the Fifth Amendment The Fifth Amendment contains several distinct but related protections for individuals in the criminal justice system. It guarantees indictment by grand jury for serious …
First Amendment
Overview of the First Amendment The First Amendment to the United States Constitution prohibits Congress from making laws respecting an establishment of religion, prohibiting the free exercise …
Fourteenth Amendment
Overview of the Fourteenth Amendment The Fourteenth Amendment, ratified in 1868 following the Civil War, is one of the most consequential amendments to the United States Constitution. It established …
Fourth Amendment
Overview of the Fourth Amendment The Fourth Amendment protects the right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures. It …
Gideon v. Wainwright (1963)
Overview Gideon v. Wainwright, 372 U.S. 335 (1963), is a landmark Supreme Court decision that guaranteed the right to counsel for indigent criminal defendants in state felony cases under the Sixth and …
Glossary of US Legal Terms A-D
A Abatement: The suspension or termination of legal proceedings due to the death of a party, procedural defect, or other event occurring before trial or judgment. In tort law, abatement may also refer …
Glossary of US Legal Terms E-H
E Easement: A legal right to use another person’s land for a specific purpose, such as a right of way. Easements are nonpossessory interests in land, meaning the easement holder does not own the …
Glossary of US Legal Terms I-L
I Impeachment: The process of charging a public official with misconduct, potentially leading to removal from office, or the act of attacking a witness’s credibility. The House of …
Glossary of US Legal Terms M-P
M Magistrate judge: A federal judicial officer who assists district judges with pretrial matters, motions, and other specified duties. Magistrate judges are appointed by district judges and serve …
Glossary of US Legal Terms Q-T
Q Quantum meruit: A Latin term meaning “as much as he deserves,” a quasi-contractual remedy for the reasonable value of services rendered when no express contract exists. Quantum meruit …
Glossary of US Legal Terms U-Z
U Ultra vires: A Latin term meaning “beyond the powers,” referring to acts that exceed legal authority. Ultra vires acts by corporations are void and unenforceable. The doctrine limits the …
Judicial Review in the United States
Understanding Judicial Review Judicial review is the power of courts to examine the constitutionality of legislative and executive actions and to invalidate those that violate the Constitution. In the …
Marbury v. Madison (1803)
Overview Marbury v. Madison, 5 U.S. 137 (1803), is the foundational case in American constitutional law. It established the principle of judicial review — the power of the federal courts to declare …
McCulloch v. Maryland (1819)
Overview McCulloch v. Maryland, 17 U.S. 316 (1819), is a landmark Supreme Court decision that established two foundational principles of American constitutional law: Congress possesses implied powers …
Miranda v. Arizona (1966)
Overview Miranda v. Arizona, 384 U.S. 436 (1966), is a landmark Supreme Court decision requiring law enforcement to inform criminal suspects of their constitutional rights before custodial …
Plea Bargaining in the United States
Understanding Plea Bargaining Plea bargaining is the process by which criminal defendants negotiate with prosecutors to resolve charges without a full trial. In exchange for a guilty plea, defendants …
Punitive Damages in United States Law
Understanding Punitive Damages Punitive damages, also called exemplary damages, are monetary awards granted to a plaintiff in addition to compensatory damages. Unlike compensatory damages, which aim …
Roe v. Wade (1973)
Overview Roe v. Wade, 410 U.S. 113 (1973), is a landmark Supreme Court decision that recognized a constitutional right to abortion under the Fourteenth Amendment’s Due Process Clause. The …
Separation of Powers
Overview of Separation of Powers The separation of powers is a foundational principle of the United States Constitution, dividing governmental authority among three distinct branches: the Legislative, …
Sherman Antitrust Act
Overview of the Sherman Antitrust Act The Sherman Antitrust Act of 1890 is the foundational federal antitrust statute in the United States. Enacted in response to growing public concern over the …
Sixth Amendment
Overview of the Sixth Amendment The Sixth Amendment guarantees a cluster of rights to criminal defendants: the right to a speedy and public trial by an impartial jury, the right to be informed of the …
South Dakota v. Wayfair (2018)
Overview South Dakota v. Wayfair, Inc., 585 U.S. 162 (2018), is a landmark Supreme Court decision that overruled the physical presence rule for state sales tax collection. The Court held that states …
Standing in United States Law
Understanding Standing Standing is a justiciability doctrine that determines whether a party has the right to bring a lawsuit in federal court. The doctrine arises from Article III of the …
Supreme Court Procedure
Overview of Supreme Court Procedure The Supreme Court of the United States is the highest federal court, exercising discretionary review over cases from lower federal courts and state courts …
Uniform Commercial Code
Overview of the Uniform Commercial Code The Uniform Commercial Code (UCC) is a comprehensive set of laws governing commercial transactions in the United States. First published in 1952, the UCC was …
US Constitution Overview
Introduction to the US Constitution The Constitution of the United States is the supreme law of the land, establishing the framework for the federal government and defining the relationship between …