courts and procedure

Jus terti

A latin term meaning third-party standing. See standing.

justice system

Definition from Nolo’s Plain-English Law DictionaryA term that describes the courts and other bureaucracies that handle American's criminal legal business, including offices of various state and federal prosecutors, public defenders, and probation offices...

Justiciability

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...

justiciable

Definition

Suitable for courts to hear and decide on the merits. If a case is not justiciable, the court must dismiss it.

The justiciability doctrines limit federal judicial power and include rules that the Supreme Court has crafted to...

King's Bench

Decision

Historically, the highest court in England during the reign of a king (called the Queen's Bench during the reign of a queen). Also called Court of King's Bench and Coram Rege Court. Abbreviated as K.B.

Illustrative caselaw

See, e.g....

Magistrate

1. A local official whose authority is limited to whatever has been granted by statute or specified in the appointment.

2. In local or state courts, a justice of the peace or other judicial officer who has strictly limited authority and...

Malfeasance

Intentional conduct that is wrongful or unlawful, especially by officials or public employees. Malfeasance is at a higher level of wrongdoing than nonfeasance (failure to act where there was a duty to act) or misfeasance (conduct that is lawful but...

Marbury v. Madison (1803)

The Supreme Court case that established the power of judicial review. (Read the opinion here).

During President John Adams’ lame duck session of his presidency, he appointed Marbury as a justice of the peace and signed the commission. Soon...

Minimum Contacts

Definition

A nonresident defendant’s connections with the forum state (i.e., the state where the lawsuit is brought) that are sufficient for jurisdiction over that defendant to be proper. Lack of minimum contacts violates the nonresident...

Mixed-Motive Instruction

Courts use mixed-motive jury instructions in many discrimination and improper retaliation cases. These instructions usually take the following form: "If the plaintiff shows that the defendant did something that hurt her, and the action was motivated by...

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