Constitutional avoidance is the doctrine that, if possible, the Supreme Court should avoid ruling on constitutional issues, and resolve the cases before them on other (usually statutory) grounds.
In practice, this often...
statutory interpretation
construction
Construction refers to the process of interpreting a law or a legal document, such as a contract or will. Construction is necessary when the plain language of a law or legal document is ambiguous, or the intent of its authors is unclear or...
construe
To construe means to determine the meaning of the text of a written document (a statute, regulation, court decision, etc.) based on the rules of legal interpretation.
Under the tripartite structure of the U.S. federal...
controlling law
Controlling law refers to the laws of the state which will be relied upon in judging disputes. Because states have widely different substantive laws, determining which body of law is controlling is often dispositive of the case. The term...
crime against nature
Crime against nature is an umbrella term encompassing sexual offenses that are deemed “unnatural” or "contrary to the order of nature." Some jurisdictions have codified laws against the individual offenses. For example, California originally...
Darby v. United States (1941)
United States v. Darby is a Supreme Court of the United States case that revolves around the Fair Labor Standards Act of 1938 and issues of federalism. Congress set out federal standards for employment conditions, specifically addressing...
Davis-Bacon Act
Davis-Bacon Act is a federal law codified in Title 40 of the U.S. Code that regulates prevailing wage rates on public works projects. Davis-Bacon Act basically provides that all laborers and mechanics working on construction projects which...
decriminalization
Decriminalization is the process through which the legislature removes criminal sanctions against an act, omission, article, or behavior which is considered a crime. Decriminalization means it would remain illegal, but the legal system would...
Defense of Marriage Act (DOMA)
The Defense of Marriage Act (DOMA) was a federal law passed by the 104th United States Congress intended to define and protect the institution of marriage. This law specifically defined marriage as the union of one man and one woman which...
definitions
A definition is a statement describing something's meaning or fundamental character. Definitions are critical to the operation of the rule of law. Often a legal dispute centers on the meaning of a particular word in a statute, contract, or...