An adhesion contract exists if the parties are of such disproportionate bargaining power that the party of weaker bargaining strength could not have negotiated for variations in the terms of the adhesion contract. Adhesion contracts are...
courts
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Power of a court to adjudicate cases and issue orders.
Territory within which a court or government agency may properly exercise its power. See, e.g. Ruhrgas AG v. Marathon Oil Co. et al., 526 U.S. 574 (1999).
Jurisdiction: An Overview
One...
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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...
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Overview
Litigation refers to the process of resolving disputes by filing or answering a complaint through the public court system.
In federal courts, litigation is governed by a number of federal rules: the Federal Rules of Civil Procedure...
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Definition
Latin for "by the court." An opinion from an appellate court that does not identify any specific judge who may have written the opinion.
OverviewA per curiam decision is a court opinion issued in the name of the Court rather than...
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A preliminary injunction is an injunction that may be granted before or during trial, with the goal of preserving the status quo before final judgment.
OverviewTo get a preliminary injunction, a party must show that they will suffer...
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Overview
Separation of powers is a doctrine of constitutional law under which the three branches of government (executive, legislative, and judicial) are kept separate. This is also known as the system of checks and balances, because each...
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Overview
Standing, or locus standi, is capacity of a party to bring suit in court.
Standing in State CourtA state's statutes will determine what constitutes standing in that particular state's courts. These typically revolve around the...
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Statutory construction is the process of determining what a particular statute means so that a court may apply it accurately; also known as statutory interpretation. Although sometimes the words of a statute may have a plain meaning; in many...