Political Question doctrine is the rule that 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...
courts and procedure
political question doctrine
Overview
popular action
Popular action, also called a qui tam action, is where a plaintiff brings a lawsuit on behalf of the government.
In State ex rel. Leibowitz v. Family Vision Care, LLC, the Appellate Court of Illinois, First District, Second...
precedent
Precedent refers to a court decision that is considered an authority for deciding subsequent cases involving identical or similar facts, or similar legal issues. Precedent is incorporated into the doctrine of stare decisis and requires courts...
prejudice
Within the legal context, prejudice refers to the character of the judge’s dismissal of a case. For instance, when dismissing a case in civil courts, the courts either dismiss a case with prejudice or without prejudice. If the court dismisses...
preliminary hearing
A preliminary hearing, also called a “probable cause hearing,” is an adversarial proceeding conducted by a judge or magistrate (and not a jury) to determine if the prosecution has enough evidence to go to trial.The hearing is limited to the...
preliminary injunction
A preliminary injunction is an interlocutory order issued by a judge early in a lawsuit to stop the defendant from continuing their allegedly harmful actions, or commanding them to act in a certain manner to preserve the status quo before the...
preponderance of the evidence
Preponderance refers to the evidentiary standard necessary for a victory in a civil case. Proving a proposition by the preponderance of the evidence requires demonstrating that the proposition is more likely true than not true.
...prerogative writ
A prerogative writ is an outdated term for a writ issued by a court exercising unusual or discretionary power (as opposed to a writ of right). It is a writ directing a governmental agency, official, or other court. The prerogative writs are...
present recollection refreshed
Present recollection refreshed is a type of aid available to a witness during their testimony; the other type of aid is past recollection recorded. Rule 612 of the Federal Rules of Evidence addresses present recollection refreshed.
...present sense impression
Under the Federal Rules of Evidence, a present sense impression is a statement that describes an event while it was occurring or immediately thereafter.
The Ohio Supreme Court cited Rule 803(1) of the Federal Rules of...