Definition
An independent hearing examiner who presides at an administrative hearing. An ALJ has the power to administer oaths, receive evidence, take testimony, and make initial findings of fact or law. An ALJ’s findings are subject to review...
Definition
An independent hearing examiner who presides at an administrative hearing. An ALJ has the power to administer oaths, receive evidence, take testimony, and make initial findings of fact or law. An ALJ’s findings are subject to review...
Definition
A medical examination of a corpse to determine disease, injury, and cause of death, especially in a criminal investigation. Also termed postmortem; postmortem examination; necropsy; obduction.
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...
A declaratory judgment is a binding judgment from a court defining the legal relationship between parties and their rights in a matter before the court.
Typically, a party will first send a cease and desist letter prior to seeking...
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...
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...
A motion to dismiss is a formal request for a court to dismiss a case.
SettlementReasons for dismissal vary. Over 97% of federal lawsuits are dismissed, most of which are due to settlements.
Federal Rules of Civil Procedure (FRCP)...The One-Person One-Vote Rule refers to the rule that one person’s voting power ought to be roughly equivalent to another person’s within the same state.
Overview
The rule comes up in the context of Equal Protection. The most...
Pleading is the beginning stage of a lawsuit in which parties formally submit their claims and defenses.
OverviewThe plaintiff submits a complaint stating the cause of action. The defendant submits an answer stating his or her defenses...
Definition
The condition or practice of having more than one spouse at the same time. Polygamy as a crime originated in the common law, and it is now outlawed in every state. As a crime, polygamy is often synonymous with bigamy (marrying one...