Tag: Judicial Function
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Judicial Review
Definition of Judicial Review Note: See a more comprehensive approach to the Judicial Review legal concept in the American Law Encyclopedia The power of courts to examine governmental actions to determine whether they are within constitutional limits. Judicial review varies depending upon […]
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Procedural Due Process
Definition of Procedural Due Process Note: See a more comprehensive approach to the Procedural Due Process legal concept in the American Law Encyclopedia A procedural review that focuses on the means by which governmental actions are executed. Procedural due process guarantees fairness in the […]
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Procedural Due Process
Definition of Procedural Due Process Note: See a more comprehensive approach to the Procedural Due Process legal concept in the American Law Encyclopedia A procedural review that focuses on the means by which governmental actions are executed. Procedural due process guarantees fairness in the […]
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Sociological Jurisprudence
Definition of Sociological Jurisprudence Note: See a more comprehensive approach to the Sociological Jurisprudence legal concept in the American Law Encyclopedia A view that law and legal processes can only be understood as part of society at large. Sociological jurisprudence had its origin in […]
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Sociological Jurisprudence
Definition of Sociological Jurisprudence Note: See a more comprehensive approach to the Sociological Jurisprudence legal concept in the American Law Encyclopedia A view that law and legal processes can only be understood as part of society at large. Sociological jurisprudence had its origin in […]
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Substantive Due Process
Definition of Substantive Due Process Note: See a more comprehensive approach to the Substantive Due Process legal concept in the American Law Encyclopedia A substantive review focusing on the content of governmental policy and actions. Substantive due process is distinguished from procedural […]
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Privileges And Immunities
Privileges and Immunities Definition of Privileges and Immunities Note: See a more comprehensive approach to the Privileges and Immunities legal concept in the American Law Encyclopedia Legal benefits flowing from one's status as a citizen. A privilege is a benefit or an advantage, while […]
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Privileges And Immunities
Privileges and Immunities Definition of Privileges and Immunities Note: See a more comprehensive approach to the Privileges and Immunities legal concept in the American Law Encyclopedia Legal benefits flowing from one's status as a citizen. A privilege is a benefit or an advantage, while […]
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Stare Decisis
Definition of Stare Decisis Note: See a more comprehensive approach to the Stare Decisis legal concept in the American Law Encyclopedia Latin for "let the decision stand." Stare Decisis (Judicial Function) holds that once a principle of law is established for a particular legal […]
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Dispute Resolution
Definition of Dispute Resolution Note: See a more comprehensive approach to the Dispute Resolution legal concept in the American Law Encyclopedia Judicial function aimed at producing settlement of conflict. Dispute resolution is the primary function of the judicial system. The courts are a […]
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Equity
Definition of Equity Note: See a more comprehensive approach to the Equity legal concept in the American Law Encyclopedia Decisions based on a judge's sense of fairness rather than strict common law standards. The equity model permits judges to issue remedies in civil cases based on […]
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Equity
Definition of Equity Note: See a more comprehensive approach to the Equity legal concept in the American Law Encyclopedia Decisions based on a judge's sense of fairness rather than strict common law standards. The equity model permits judges to issue remedies in civil cases based on […]
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Legal Realism
Definition of Legal Realism Note: See a more comprehensive approach to the Legal Realism legal concept in the American Law Encyclopedia A school of jurisprudence that stresses behavioral and political factors as the most critical to judicial decision making. Legal realism minimizes the impact […]
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Adversary System
Definition of Adversary System Note: See a more comprehensive approach to the Adversary System legal concept in the American Law Encyclopedia A set of processes intended to allow opposing parties in a dispute to present their arguments. Under the adversary system, formal notice is served on […]
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Statutory Construction
Definition of Statutory Construction Note: See a more comprehensive approach to the Statutory Construction legal concept in the American Law Encyclopedia Interpretation of legislative enactments by the courts. Statutory construction is one of the primary interpretative functions of the […]