Certiorari simply defined is a “writ” by which a higher court (such as an appellate court) reviews some lower court’s decision (such as a district court).
When a party loses in a court of law, often said party is...
Supreme Court
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Overview:
Broadly speaking, civil procedure consists of the rules by which courts conduct civil trials. "Civil trials" concern the judicial resolution of claims by one individual or class against another and are to be distinguished from "...
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Constitutional Law: An Overview
The broad topic of constitutional law deals with the interpretation and application of the United States Constitution. As the Constitution is the source of legal authority for the United States, questions of...
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A contractual agreement that designates the court and location where the parties would like to have their legal dispute decided is commonly known as a "forum selection clause."
A forum selection clause seeks to provide a court with "personal...
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Overview
Fundamental rights are a group of rights that have been recognized by the Supreme Court as requiring a high degree of protection from government encroachment. These rights are specifically identified in the Constitution (especially...
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Overview:
The power to collect income tax is found in the Constitution of the United States. Article 1, Section 8, Clause 1 (Also known as the Taxing and Spending Clause) sates: “The Congress shall have Power To lay and collect Taxes, Duties...
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A court's power to hear and decide a case before any appellate review. A trial court must necessarily have original jurisdiction over the types of cases it hears.
OverviewNearly all of the cases considered by the U.S. Supreme Court come to...
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Definition
Latin for "by the court." An opinion from an appellate court that does not identify any specific judge who may have written the opinion.
OverviewA per curiam decision is a court opinion issued in the name of the Court rather than...
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Plyler v. Doe, 457 U.S. 202, is a U.S. Supreme Court case in which the Court struck down a Texas statute that denied funding to local school districts for the education of children who were not "legally admitted" into the United States, and...
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Overview
Federal courts will refuse to hear a case if they find that it presents a political question. This doctrine refers to the idea that an issue is so politically charged that federal courts, which are typically viewed as the apolitical branch of...