Tag: Definitions

  • Habeas Corpus

    Definition of Habeas Corpus Note: See a more comprehensive approach to the Habeas Corpus legal concept in the American Law Encyclopedia A court order requiring the state to show cause for a person's detention. Habeas corpus is a Latin term meaning "you have the body." Habeas […]

  • United States Reports

    Definition of United States Reports Note: See a more comprehensive approach to the United States Reports legal concept in the American Law Encyclopedia Record of cases decided by the U.S. Supreme Court. United States Reports is published by the Government Printing Office. Court opinions are […]

  • United States Reports

    Definition of United States Reports Note: See a more comprehensive approach to the United States Reports legal concept in the American Law Encyclopedia Record of cases decided by the U.S. Supreme Court. United States Reports is published by the Government Printing Office. Court opinions are […]

  • Political Question

    Definition of Political Question Note: See a more comprehensive approach to the Political Question legal concept in the American Law Encyclopedia An issue that is not justiciable or not appropriate for judicial determination. A political question is one in which the substance of an issue is […]

  • Political Question

    Definition of Political Question Note: See a more comprehensive approach to the Political Question legal concept in the American Law Encyclopedia An issue that is not justiciable or not appropriate for judicial determination. A political question is one in which the substance of an issue is […]

  • Comity

    Definition of Comity Note: See a more comprehensive approach to the Comity legal concept in the American Law Encyclopedia A courtesy by which one court defers to another in the exercise of judicial power. Comity is not a rule of law, but rather a practice of convenience. The principle prevents […]

  • Comity

    Definition of Comity Note: See a more comprehensive approach to the Comity legal concept in the American Law Encyclopedia A courtesy by which one court defers to another in the exercise of judicial power. Comity is not a rule of law, but rather a practice of convenience. The principle prevents […]

  • Ratio Decidendi

    Definition of Ratio Decidendi Note: See a more comprehensive approach to the Ratio Decidendi legal concept in the American Law Encyclopedia The essential legal basis upon which a judicial decision rests. The ratio decidendi constitutes the principle of law established by the decision. It is […]

  • Ratio Decidendi

    Definition of Ratio Decidendi Note: See a more comprehensive approach to the Ratio Decidendi legal concept in the American Law Encyclopedia The essential legal basis upon which a judicial decision rests. The ratio decidendi constitutes the principle of law established by the decision. It is […]

  • Clear And Present Danger Test

    Clear and Present Danger Test Definition of Clear and Present Danger Test Note: See a more comprehensive approach to the Clear and Present Danger Test legal concept in the American Law Encyclopedia One of the standards used to determine if a particular expression is protected by the First […]

  • Clear And Present Danger Test

    Clear and Present Danger Test Definition of Clear and Present Danger Test Note: See a more comprehensive approach to the Clear and Present Danger Test legal concept in the American Law Encyclopedia One of the standards used to determine if a particular expression is protected by the First […]

  • State Supreme Court

    Definition of State Supreme Court Note: See a more comprehensive approach to the State Supreme Court legal concept in the American Law Encyclopedia The court of last resort in state judicial systems. Almost every state calls this court the supreme court although several have other names such […]

  • Missouri Plan

    Definition of Missouri Plan Note: See a more comprehensive approach to the Missouri Plan legal concept in the American Law Encyclopedia A technique of judicial selection that contains elements of both elective and appointive methods. The Missouri Plan originated in the early 1900s as judicial […]

  • Collateral Attack

    Definition of Collateral Attack Note: See a more comprehensive approach to the Collateral Attack legal concept in the American Law Encyclopedia A challenge to a court decision in a special proceeding. Collateral attack is like an appeal, but it occurs in an auxiliary or secondary proceeding. […]

  • Vacate

    Definition of Vacate Note: See a more comprehensive approach to the Vacate legal concept in the American Law Encyclopedia The setting aside of a court judgment. If a court judgment is vacated, it is rendered void. A judgment is often vacated on appeal. When this occurs, it is the functional […]