A doctrine is a single important rule, a set of rules, a theory, or a principle that is widely followed in a field of law. It is formed via the continuous application of legal precedents. Calling something a doctrine usually means at least...
legal history
doctrine of discovery
The doctrine of discovery refers to a principle in public international law under which, when a nation “discovers” land, it directly acquires rights on that land. This doctrine arose when the European nations discovered non-European lands,...
Dred Scott v. Sandford (1857)
The U.S. Supreme Court decision in which the Court ruled that African Americans, whether enslaved or free, were not citizens of the United States and therefore did not have the right to sue in federal court. In so holding, the Court also ruled that the...
Durham test
The Durham test refers to a criminal law test used in some jurisdictions to evaluate whether a defendant is entitled to an insanity defense. The Durham test takes its name from the case Durham v. United States.
Under the...
Edmunds Anti-Polygamy Act of 1882
The Edmunds Anti-Polygamy Act of 1882 (Edmunds Act) is a U.S. federal statute adopted in 1882 declaring polygamy as a felony in federal territories. The Edmunds Act suppressed different rights for people practicing polygamy and made it...
emergency powers
Emergency powers broadly refers to the authority given to individuals in the executive to act outside the traditional bounds of their authority in order to react to a danger that normal channels for approval could not address. The most...
enumerated powers
Enumerated powers are the powers granted to the Federal government, and specifically Congress, which are mostly listed in Article I, Section 8 of the U.S. Constitution. Namely the power “to lay and collect taxes”, duties, impost and excises,...
equal protection
Overview
Equal Protection refers to the idea that a governmental body may not deny people equal protection of its governing laws. The governing body state must treat an individual in the same manner as others in similar conditions and...
Equal Rights Amendment
The Equal Rights Amendment is a proposed amendment to the U.S. Constitution that would require the Federal and state governments to ensure equal rights amongst sexes. The Amendment has been proposed more than once, but Congress passed the...
equitable
Equitable means fair or impartial. In legal context it can relate to “equity” as opposed to “law”. The distinction between equity and law originates from England where courts were divided into two kinds, courts of equity and courts...