courts and procedure

Foundation

Definition

1) In evidence  

The basis for admitting testimony or evidence into evidence. For example, an attorney must lay a foundation in order to admit an expert witness' testimony or a company's business records into evidence. Laying a foundation establishes the qualifications of a witness or the authenticity of evidence. 

2) Fund or endowment

A fund or endowment established for a benevolent purpose, such as charity, religion, education, or research.

 

Marbury v. Madison (1803)

Definition

The Supreme Court case that established the power of judicial review.

During President John Adams’ lame duck session of his presidency, he appointed Marbury as a justice of the peace and signed the commission. Soon thereafter, Thomas Jefferson became President of the United States and refused to allow Secretary of State James Madison to deliver the commission to Marbury. Marbury sued Madison in the Supreme Court to get his commission via a writ of mandamus.

 

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Baker v. Carr (1962)

Definition

A Supreme Court case that held that federal courts could hear cases that claimed that malapportionment of state legislatures violated the Equal Protection Clause of the Constitution. By holding that such cases were justiciable, the Supreme Court paved the way for federal courts (and not just state courts) to hear and decide on reapportionment issues.

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