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Chapter one covers the rule of law, body of the law, structure of the Judicial System, processes of the law, and how to read and brief cases. It also includes two cases for study: Marbury v. Madison, and U.S. v. Alvarez.
administrative law
A body of law that governs the activities of administrative agencies of government, including rulemaking, enforcement of regulations, and adjudication of disputes.
Amicus Brief
A document submitted by a non-party to a case, offering information, expertise, or insights relevant to the issues being considered by the court.
Appellant
The party who appeals a court decision, seeking a review or reversal of that decision by a higher court.
Appellee
The party in a legal case who opposes an appeal, typically the party that won in the lower court.
Black-letter Law (Or hornbook law)
Established legal principles that are widely accepted and recognized.
Common Law
A body of law developed through court decisions and judicial interpretations, rather than through legislative statutes. It is characterized by the principle of precedent, where past rulings influence future cases.
Concurring Opinion
A judicial opinion that agrees with the majority decision but offers different reasoning or additional commentary.
Constitutional Law
The body of law that interprets and applies the Constitution of a nation, establishing the framework for government, rights of citizens, and the limits of governmental power.
Deference
A legal principle that courts should respect and yield to the judgments or decisions of other branches of government, particularly in matters of policy and expertise.
Demurrer
A formal response by a defendant in a lawsuit, asserting that the complaint is insufficient to warrant a legal response, often leading to dismissal of the case. It challenges the legal sufficiency of the opposing party's claim without addressing the merits.
De Novo
A Latin term meaning "from the beginning" or "anew," referring to a standard of review where a court re-examines the facts and law of a case without deference to the previous court's decision.
Discovery
The pre-trial phase in a lawsuit where parties exchange information, gather evidence, and prepare for trial, ensuring both sides have access to relevant facts.
Discretion
The authority given to judges or courts to make decisions based on their judgment and interpretation of the law, often used in determining the outcome of cases.
Dissenting Opinion
A separate opinion written by a judge or judges who disagree with the majority decision in a case, outlining their reasoning and legal arguments.
Doctrines
Legal principles that guide court decisions and interpretations of law, often based on precedents.
Due Process
A legal requirement that the state must respect all legal rights owed to a person, ensuring fair treatment through the judicial system.
En Banc
A session in which all judges of a court hear a case, rather than a smaller panel, typically used for significant cases or to resolve conflicts in decisions.
Equity Law
A branch of law that developed alongside common law, focusing on fairness and justice to provide remedies that are not available in courts of law. Equity law addresses issues where the strict application of common law would result in an unjust outcome, offering alternative solutions such as injunctions, specific performance, and equitable remedies. It is guided by principles of fairness, moral rights, and conscience, emphasizing the importance of restoring balance and preventing harm.
Executive Orders
Directives issued by the President of the United States to manage the operations of the federal government and enforce laws.
Facial Meaning
The literal interpretation of a statute or regulation, without considering external factors or intent.
Federalism
A system of government in which power is divided between a central authority and constituent political units, such as states. Federalism allows for shared governance and the distribution of powers to enhance local autonomy while maintaining national unity.
Forum Shopping
The practice of choosing a court or jurisdiction in which to file a lawsuit based on the perceived advantages or favorable outcomes it may offer.
Grand Jury
A legal body that examines evidence in criminal cases and determines whether there is sufficient cause to charge someone with a crime.
Judicial Review
The authority of courts to determine if laws or government actions violate the Constitution.
Memorandum order
A brief ruling by a court that resolves a case without a detailed opinion.
Moot
A case no longer relevant due to changed circumstances or resolved issues.
Original Jurisdiction
The authority of a court to hear a case first, before any appellate review.
Originalists
Judges who interpret the Constitution based on its original meaning at the time it was written.
Overbroad Laws
A statute or regulation that is too broad in scope, reaching beyond its intended subject matter to cover activity it was not meant to, can be unconstitutional if they regulate more speech than the Constitution allows.
Per Curiam Opinion
A brief, unsigned court opinion issued collectively by the judges or justices, typically without detailed explanation.
Peremptory Challenge
A legal tool allowing attorneys to reject a potential juror without giving a reason.
Poltical Questions
Issues that courts consider inappropriate for judicial review because they are better suited for resolution by the executive or legislative branches.
Probable Cause
A reasonable belief, based on facts or circumstances, that a crime has been or will be committed, justifying searches or arrests.
Remand
To send a case back to a lower court for further action or a new trial.
Rule of Law
The principle that all individuals and institutions, including the government, are subject to and accountable under the law. The concept that laws should govern a nation, ensuring fairness and equality, rather than being subject to arbitrary decisions by individual rulers.
Shadow Docket
A method by which courts, particularly the U.S. Supreme Court, issue rulings on urgent legal matters, often without detailed written opinions or hearings, typically involving requests for stays, injunctions, or appeals.
Stare Decisis
A doctrine that encourages courts to uphold established rulings and legal principles to ensure consistency and stability in the law, unless there is a strong reason to overturn them.
Statutory Law
Laws enacted by a legislative body, such as Congress or state legislatures, (as opposed to those developed through judicial decisions or administrative regulations) that are written and codified to address specific issues or regulate behavior.
Strict Construction
An approach to legal interpretation that emphasizes a literal or narrow reading of the text, particularly the Constitution, based on its original meaning.
Strict Liability
A legal doctrine holding a party responsible for damages or harm caused by their actions, regardless of intent or negligence.
Subpoena
A legal order requiring a person to attend a court proceeding or produce evidence for a case.
Summary Judgement
A court decision made without a trial, based on the argument that no factual disputes exist and the case can be decided as a matter of law.
Supremacy Clause
A provision in the U.S. Constitution stating that federal law takes precedence over state law when there is a conflict.
Textualists
Judges who interpret the Constitution and laws based solely on the plain meaning of the text, without considering external factors like intent or consequences.
Tort
A civil wrong or injury, other than a breach of contract, for which a legal remedy may be sought, typically through compensation for damages.
Vague Laws
Laws that are unclear or ambiguous, potentially leading to inconsistent or arbitrary enforcement.
Venire
The group of potential jurors from which a jury is selected.
Venue
The geographic location or court where a legal case is heard, typically based on where the incident occurred or where the parties reside.
Voir Dire
The process of questioning potential jurors to determine their suitability for serving on a jury, assessing biases or conflicts of interest.
Writ of Certiorari
a legal document that asks a higher court to review a lower court's decision. orders a lower court to deliver its record in a case so that the higher court may review it.
