Concepts
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 …
Constitutional Remedies
Introduction Constitutional remedies provide means for individuals to enforce their constitutional rights and to obtain relief for constitutional violations. The remedies available include injunctive …
Contract Clause
Introduction The Contract Clause (Article I, § 10, cl. 1) provides that “No State shall . . . pass any . . . Law impairing the Obligation of Contracts.” The Contract Clause was one of the …
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 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 …
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 …
Modern Federalism
Introduction Modern federalism refers to the constitutional allocation of power between the federal government and the states as it has evolved since the New Deal. The Rehnquist and Roberts Courts …
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 …
Separation of Powers Doctrines
Introduction The separation of powers is a foundational principle of the US Constitution. The Constitution allocates legislative power to Congress, executive power to the President, and judicial power …
Standards of Appellate Review
Introduction Standards of appellate review define the degree of deference that appellate courts give to the decisions of trial courts and administrative agencies. The choice of standard determines how …
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 …
Takings Doctrine
Introduction The Takings Clause of the Fifth Amendment, made applicable to the states through the Fourteenth Amendment, provides that private property shall not be taken for public use without just …