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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 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 ...
United States, [24] reasoning "[i]t is elementary that the meaning of a statute must, in the first instance, be sought in the language in which the act is framed, and if that is plain ... the sole function of the courts is to enforce it according to its terms." And if a statute's language is plain and clear, the Court further warned that "the ...
The Court a quo is the court from which a cause has been removed to a higher court, which latter is called the Court ad quem. [2] A vinculo matrimonii. (Lat. from the bond of matrimony) A term descriptive of a kind of divorce, which effects a complete dissolution of the marriage contract. [1] Abactor. l. A cattle-stealer. [3] Abandonment ...
The Supreme Court has interpreted this provision as enabling Congress to create inferior (i.e., lower) courts under both Article III, Section 1, and Article I, Section 8. The Article III courts, which are also known as "constitutional courts", were first created by the Judiciary Act of 1789, and are the only courts with judicial power.
But some statutes omit a definitions section entirely, or (more commonly) fail to define a particular term. 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 ...
The Judiciary Act of 1789 implemented Article III by creating a hierarchy under which circuit courts consider appeals from the district courts and the Supreme Court has appellate authority over the circuit courts. [55] The Judiciary Act of 1789 provided that the Supreme Court would consist of one chief justice and five associate justices; there ...
Courts in the United States and elsewhere have developed a number of principles for handling such evidence of legislative intent. For example, many courts have suggested that the comments of those opposing a bill under consideration should be treated with skepticism on the principle that opponents of a bill may often exaggerate its practical consequences.