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Judicial Decisions
A judicial opinion is a form of legal opinion written by a judge or a judicial panel in the course of resolving a legal dispute, providing the decision reached to resolve the dispute, and usually indicating the facts which led to the dispute and an analysis of the law used to arrive at the decision. Drafting process An opinion may be released in several stages of completeness. First, a bench opinion may be handed down, with the judge or panel of judges indicating their decision and a rough explanation of the reasoning underlying it. A slip opinion may also be issued the day the decision is handed down, and is usually not typeset or fully formatted. It is not the final or most authoritative version, being subject to further revision before being replaced with a final published edition. The Supreme Court of the United States issues slip opinions with the following disclaimer: Types of judicial opinions A unanimous opinion is one in which all of the justices agree and offer one r ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Opinion
In law, a legal opinion is in certain jurisdictions a written explanation by a judge or group of judges that accompanies an order or ruling in a case, laying out the rationale and legal principles for the ruling. Opinions are in those jurisdictions usually published at the direction of the court, and to the extent, they contain pronouncements about what the law is and how it should be interpreted, they reinforce, change, establish, or overturn legal precedent. If a court decides that an opinion should be published, the opinion may be included in a volume from a series of books called law reports ('reporters' in the United States). Published opinions of courts are also collectively referred to as case law, and constitute in the common law legal systems one of the major sources of law. Memorandum opinion Not every case decided by a higher court results in the publication of an opinion; in fact many cases do not, since an opinion is often published only when the law is being int ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
2009 Term Per Curiam Opinions Of The Supreme Court Of The United States
The Supreme Court of the United States handed down nineteen ''per curiam'' opinions during its 2009 term, which began on October 5, 2009, and concluded October 3, 2010.The descriptions of four opinions have been omitted: Because ''per curiam'' decisions are issued from the Court as an institution, these opinions all lack the attribution of authorship or joining votes to specific justices. All justices on the Court at the time the decision was handed down are assumed to have participated and concurred unless otherwise noted. Court membership Chief Justice: John Roberts Associate Justices: John Paul Stevens, Antonin Scalia, Anthony Kennedy, Clarence Thomas, Ruth Bader Ginsburg, Stephen Breyer, Samuel Alito, Sonia Sotomayor ''Corcoran v. Levenhagen'' ''Bobby v. Van Hook'' Further reading * ''Wong v. Belmontes'' Further reading * ''Porter v. McCollum'' Further reading * . * . * (editorial). ''Michigan v. Fisher'' ''McDaniel v. Brown'' ''Hollingsworth v. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Poetry In Judicial Opinions
While judicial opinions are usually matter-of-fact, technical, and serious, judges occasionally incorporate poetry into their writing. The practice has been criticised as self-aggrandising and demeaning by some scholars, but judges who use verse in their opinions do so to communicate with particular audiences, signal the importance of a case, or to address the emotional components of a legal dispute. For example, legal scholars Edward J. Eberle and Bernhard Grossfeld point to Chief Justice William Rehnquist's dissent in ''Texas'' v. ''Johnson'' (1989) as a powerful example of using poetic modes in judicial writing to demonstrate an argument. Purpose In legal disputes, judges write judicial opinions to display and confront their reasoning for decisions, explain the historical context of the law, and establish precedent for future disputes. Since most disputes can be settled with an opinion, the ambiguities and complications of law, contracts, and social life are prominently displ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Panel
A judicial panel is a set of judges who sit together to hear a cause of action, most frequently an appeal from a ruling of a trial court judge. Panels are used in contrast to single-judge appeals, and hearings, which involves all of the judges of that court. Most national supreme courts sit as panels. United States In the United States, most federal appellate cases are heard by three-judge panels. The governing statute, 28 U.S.C. § 46(c), provides: Cases and controversies shall be heard and determined by a court or panel of not more than three judges (except that the United States Court of Appeals for the Federal Circuit may sit in panels of more than three judges if its rules so provide), unless a hearing or rehearing before the court is ordered by a majority of the circuit judges of the circuit who are in regular active service. This practice has been in place since as early as 1891.Marin K. Levy and Adam S. Chilton,Challenging the Randomness of Panel Assignment in the Fe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jurisprudence
Jurisprudence, or legal theory, is the theoretical study of the propriety of law. Scholars of jurisprudence seek to explain the nature of law in its most general form and they also seek to achieve a deeper understanding of legal reasoning and analogy, legal systems, legal institutions, and the proper application of law, the economic analysis of law and the role of law in society. Modern jurisprudence began in the 18th century and it was based on the first principles of natural law, civil law, and the law of nations. General jurisprudence can be divided into categories both by the type of question scholars seek to answer and by the theories of jurisprudence, or schools of thought, regarding how those questions are best answered. Contemporary philosophy of law, which deals with general jurisprudence, addresses problems internal to law and legal systems and problems of law as a social institution that relates to the larger political and social context in which it exists.Shi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Review In The United States
In the United States, judicial review is the legal power of a court to determine if a statute, treaty, or administrative regulation contradicts or violates the provisions of existing law, a State Constitution, or ultimately the United States Constitution. While the U.S. Constitution does not explicitly define the power of judicial review, the authority for judicial review in the United States has been inferred from the structure, provisions, and history of the Constitution. Two landmark decisions by the U.S. Supreme Court served to confirm the inferred constitutional authority for judicial review in the United States. In 1796, ''Hylton v. United States'' was the first case decided by the Supreme Court involving a direct challenge to the constitutionality of an act of Congress, the Carriage Act of 1794 which imposed a "carriage tax". The Court performed judicial review of the plaintiff's claim that the carriage tax was unconstitutional. After review, the Supreme Court decided the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Certified Question
In the law of the United States, a certified question is a formal request by one court from another court, usually but not always in another jurisdiction, for an opinion on a question of law. These cases typically arise when the court before which litigation is actually pending is required to decide a matter that turns on the law of another state or jurisdiction. If that other jurisdiction's law is unclear or uncertain, a certified question can then be sent to that jurisdiction's courts to render an opinion on the question of law that arose in the court in which the actual litigation is pending. The courts to whom these questions of law are certified are typically appellate courts or state supreme courts. History Historically, the procedure under which one court certifies a question to another, arises out of the distinction in the law of England between common law courts and equity courts. At one time, these two were separate and parallel legal systems, differing in procedure ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Advisory Opinion
An advisory opinion is an opinion issued by a court or a commission like an election commission that does not have the effect of adjudicating a specific legal case, but merely advises on the constitutionality or interpretation of a law. Some countries have procedures by which the executive or legislative branches may certify important questions to the judiciary and obtain an advisory opinion. In other countries or specific jurisdictions, courts may be prohibited from issuing advisory opinions. International courts International Court of Justice The International Court of Justice is empowered to give advisory opinions under Chapter IV of its Statute (an annex to the United Nations Charter) when requested to do so by certain organs or agencies of the United Nations. These opinions are non-binding. Inter-American Court of Human Rights The advisory function of the Inter-American Court of Human Rights enables it to respond to consultations submitted by agencies and member states of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Citation
Legal citation is the practice of crediting and referring to authoritative documents and sources. The most common sources of authority cited are court decisions (cases), statutes, regulations, government documents, treaties, and scholarly writing. Typically, a proper legal citation will inform the reader about a source's authority, how strongly the source supports the writer's proposition, its age, and other, relevant information. This is an example citation to a United States Supreme Court court case: :::''Griswold v. Connecticut'', 381 U.S. 479, 480 (1965). This citation gives helpful information about the cited authority to the reader. * The names of the parties are Griswold and Connecticut. Generally, the name of the plaintiff (or, on appeal, petitioner) appears first, whereas the name of the defendant (or, on appeal, respondent) appears second. Thus, the case is '' Griswold v. Connecticut''. * The case is reported in volume 381 of the United States Reports (abbreviated ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judgment (law)
In law, a judgment, also spelled judgement, is a decision of a court regarding the rights and liabilities of parties in a legal action or proceeding. Judgments also generally provide the court's explanation of why it has chosen to make a particular court order.''Black’s Law Dictionary'' 970 (10th ed. 2014). The phrase "reasons for judgment" is often used interchangeably with "judgment," although the former refers to the court's justification of its judgment while the latter refers to the final court order regarding the rights and liabilities of the parties. As the main legal systems of the world recognize either a common law, statutory, or constitutional duty to provide reasons for judgment, drawing a distinction between "judgment" and "reasons for judgment" may be unnecessary in most circumstances. Spelling Judgment is considered a "free variation" word, and the use of either ''judgment'' or ''judgement'' (with an e) is considered acceptable. This variation arises dependi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Memorandum Opinion
Under United States legal practice, a memorandum opinion is usually unpublished and cannot be cited as precedent. It is formally defined as: " unanimous appellate opinion that succinctly states the decision of the court; an opinion that briefly reports the court's conclusion, usu. without elaboration because the decision follows a well-established legal principle or does not relate to any point of law." Generally, memorandum opinions follow ordinary rules, including the application of precedent and the rule of ''stare decisis''. However, in many courts (for example, the Appellate Division of the Supreme Court of New York), the style of analysis in memorandum opinions is much more concise and conclusory than it would be in an opinion intended for publication. That is, long strings of case citations are often inserted without explication or analysis of the applicability of the cited cases. In contrast, the California Constitution requires that all appellate decisions in California m ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Of The United States
The law of the United States comprises many levels of codified and uncodified forms of law, of which the most important is the nation's Constitution, which prescribes the foundation of the federal government of the United States, as well as various civil liberties. The Constitution sets out the boundaries of federal law, which consists of Acts of Congress, treaties ratified by the Senate, regulations promulgated by the executive branch, and case law originating from the federal judiciary. The United States Code is the official compilation and codification of general and permanent federal statutory law. Federal law and treaties, so long as they are in accordance with the Constitution, preempt conflicting state and territorial laws in the 50 U.S. states and in the territories. However, the scope of federal preemption is limited because the scope of federal power is not universal. In the dual sovereign system of American federalism (actually tripartite because of the presence ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
