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The circuit courts, which comprised a district judge and (initially) two Supreme Court justices "riding circuit", had original jurisdiction over serious crimes and civil cases of at least $500 involving diversity jurisdiction or the United States as plaintiff in common law and equity. The circuit courts also had appellate jurisdiction over the ...
Also called incidentalia (Roman-Dutch law). One of three types of contractual terms, the others being essentialia negotii 'core terms' and naturalia negotii 'implied terms'. actus iuridicus: legal act 1. In French-law-based systems, refers only to those sources of subjective law that are human-made and voluntary (vs. factum iuridicum); 2. In ...
The plain meaning rule attempts to guide courts faced with litigation that turns on the meaning of a term not defined by the statute, or on that of a word found within a definition itself. According to the plain meaning rule, absent a contrary definition within the statute, words must be given their plain, ordinary and literal meaning.
Judicial interpretation is the way in which the judiciary construes the law, particularly constitutional documents, legislation and frequently used vocabulary.This is an important issue in some common law jurisdictions such as the United States, Australia and Canada, because the supreme courts of those nations can overturn laws made by their legislatures via a process called judicial review.
The Court then examined section 602, the section of Title VI under which the disparate-impact regulation was promulgated, to determine whether it created an implied private right of action. It began by noting that certain "rights-creating" language that was present in section 601 and Cannon relied on for its holding, was absent from section 602 ...
Windsor, 570 U.S. 744 (2013) Section 3 of the Defense of Marriage Act (1 U.S.C. § 7), which defines—for federal law purposes—the terms "marriage" and "spouse" to apply only to marriages between one man and one woman, is a deprivation of the equal liberty of the person protected by the Due Process Clause of the Fifth Amendment.
A quasi-contract (or implied-in-law contract or constructive contract) is a fictional contract recognised by a court. The notion of a quasi-contract can be traced to Roman law and is still a concept used in some modern legal systems. Quasi contract laws have been deduced from the Latin statement "Nemo debet locupletari ex aliena iactura", which ...
The Judiciary Act of 1925 (43 Stat. 936), also known as the Judge's Bill [1] or Certiorari Act, [2] was an act of the United States Congress that sought to reduce the workload of the Supreme Court of the United States.