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  2. Justification and excuse - Wikipedia

    en.wikipedia.org/wiki/Justification_and_excuse

    Ohio (1986) established that states may make justification an affirmative defense, placing the burden of proof on defendant. [ 1 ] : 18 Patterson v. New York (1977) established that states may make excuses, such as involving mental state, an affirmative defense, rather than part of the mens rea element the prosecution must prove beyond a ...

  3. Supremacy Clause - Wikipedia

    en.wikipedia.org/wiki/Supremacy_Clause

    National Foreign Trade Council, 530 U.S. 363 (2000), that even when a state law is not in direct conflict with a federal law, the state law could still be found unconstitutional under the Supremacy Clause if the "state law is an obstacle to the accomplishment and execution of Congress's full purposes and objectives". [30]

  4. Substantive due process - Wikipedia

    en.wikipedia.org/wiki/Substantive_due_process

    Substantive due process is a principle in United States constitutional law that allows courts to establish and protect substantive laws and certain fundamental rights from government interference, even if they are unenumerated elsewhere in the U.S. Constitution.

  5. English modal auxiliary verbs - Wikipedia

    en.wikipedia.org/wiki/English_modal_auxiliary_verbs

    The English modal auxiliary verbs are a subset of the English auxiliary verbs used mostly to express modality, properties such as possibility and obligation. [a] They can most easily be distinguished from other verbs by their defectiveness (they do not have participles or plain forms [b]) and by their lack of the ending ‑(e)s for the third-person singular.

  6. Statutory interpretation - Wikipedia

    en.wikipedia.org/wiki/Statutory_interpretation

    Nevertheless, in practice, by performing the construction the court can make sweeping changes in the operation of the law. Moreover, courts must also often view a case's statutory context. While cases occasionally focus on a few key words or phrases, judges may occasionally turn to viewing a case in its whole in order to gain deeper understanding.

  7. Erie Railroad Co. v. Tompkins - Wikipedia

    en.wikipedia.org/wiki/Erie_Railroad_Co._v._Tompkins

    Erie Railroad Co. v. Tompkins, 304 U.S. 64 (1938), was a landmark U.S. Supreme Court decision in which the Court held that the United States does not have a general federal common law and that U.S. federal courts must apply state law, not federal law, to lawsuits between parties from different states that do not involve federal questions.

  8. Law - Wikipedia

    en.wikipedia.org/wiki/Law

    In common law systems, judges may make binding case law through precedent, [10] although on occasion this may be overturned by a higher court or the legislature. [11] Religious law is in use in some religious communities and states, and has historically influenced secular law.

  9. Legal positivism - Wikipedia

    en.wikipedia.org/wiki/Legal_positivism

    Indeed, the laws of a legal system may be quite unjust, and the government may be illegitimate; as a result, there may be no obligation to obey the law. Moreover, the fact that a law has been found to be valid by a court does not mean that the court should apply it in a particular case.