courts

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Overview

An adhesion contract (also called a "standard form contract" or a "boilerplate contract")  is a contract drafted by one party (usually a business with stronger bargaining power) and signed by another party (usually one...

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definitionPower 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 of...

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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...

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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...

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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.

Overview

A per curiam decision is a court opinion issued in the name of the Court rather...

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Definition

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.

Overview

To 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 branch is...

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Overview

Standing, or locus standi, is capacity of a party to bring suit in court.

 

Standing in State Court

A state's statutes will determine what constitutes standing in that particular state's courts. These typically revolve...

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Definition

The process of determining what a particular statute means so that a court may apply it accurately.

Overview

Any question of statutory interpretation begins with looking at the plain language of the statute to discover its original...