constitutional law

indigent

A person is referred to as indigent when they are impoverished, or unable to afford the basic necessities of life. A defendant who is indigent has a constitutional right to court-appointed representation, according to a 1963 Supreme Court...

intermediate scrutiny

Overview Intermediate scrutiny is a test courts will use to determine a statute's constitutionality. Intermediate scrutiny is only invoked when a state or the federal government passes a statute which negatively affects certain protected classes (this is...

invidious discrimination

Treating a class of persons unequally in a manner that is malicious, hostile, or damaging.

Judicial Review

Judicial review is the idea, fundamental to the US system of government, that the actions of the executive and legislative branches of government are subject to review and possible invalidation by the judiciary. Judicial review allows the Supreme Court...

jury

A jury is a group of people empowered to make findings of fact and render a verdict for a trial. The judge decides questions of law, including whether particular items of evidence will be presented to the jury. The parties may, however,...

Justiciability

Overview

Justiciability refers to the types of matters that a court can adjudicate. If a case is "nonjusticiable," then the court cannot hear it. Typically to be justiciable, the court must not be offering an advisory opinion, the plaintiff must have...

justiciable

Definition

Suitable for courts to hear and decide on the merits. If a case is not justiciable, the court must dismiss it.

The justiciability doctrines limit federal judicial power and include rules that the Supreme Court has crafted to...

Korematsu v. United States (1944)

Korematsu v. United States, 323 U.S. 214 was a World War II-era U.S. Supreme Court case in which the Court held that excluding all persons of Japanese ancestry from designated military areas was constitutional. The Supreme Court was of the...

Lochner Era

The time from 1890 to 1937, in which the United States Supreme Court, using a broad interpretation of due process that protected economic rights, tended to strike down economic regulations of working conditions, wages or hours in favor of...

Marbury v. Madison (1803)

The Supreme Court case that established the power of judicial review. (Read the opinion here).

During President John Adams’ lame duck session of his presidency, he appointed Marbury as a justice of the peace and signed the commission. Soon...

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