Judiciary

The following is a list of entries related to this topic (in practice and theory), specially in regard to international and comparative law. The entries below offer descriptions and cross-references of this topic of countries around the world.

Case Law

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Case Law in Legal Issue Identification Step 1: General Question There is more information about this subjet related to the field of legal research in the legal encyclopedia. Step 2: Look to the Holding There is more information about this subjet related to the field of legal research in the […]

Judicial Review

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Introduction The U.S. case Marbury v. Madison (1803) held that the power of a court to decide what is the meaning of the American Constitution was implicit in an independent judiciary. This power of judicial review in the U.S. was a unique feature of the U.S. constitutionalism well into the […]

Injunction

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Introduction to Injunction Injunction, generally, an order or decree in the law of equity, requiring a defendant to refrain from committing a specific act, either in process or threatened, injurious to the plaintiff. Injunctions are granted on the usual grounds for equitable actions, namely, […]

Civil Law

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Introduction to Civil Law "Civil Law, term applied to a legal tradition originating in ancient Rome and to the contemporary legal systems based on this tradition. Modern civil law systems, which were originally developed in Western European countries, have spread throughout the world. […]

Opinion

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Concept of Opinion Note: explore also the meaning of this legal term in the American Ecyclopedia of Law. Embracing mainstream international law, this section on opinion explores the context, history and effect of the area of the law covered here. Opinion and Europe There is an entry on opinion […]

Administrative Law

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Introduction Administrative law deals with the exercise of public power and the control of government decisions. Topics in administrative law include the role of the State, the governmental structures that influence the administrative law system, the principles of good administration, the […]

Jurisdiction

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Criminal Procedure: Jurisdiction Introduction to Jurisdiction For a criminal conviction to be valid, both the sovereign power (the state or federal government) and the specific court that tries the accused must have jurisdiction (authority) over the crime charged. Jurisdiction refers to a […]

Separation of Powers

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Separation of Powers in other Countries (other than in the U.S.) Introduction to Separation of Powers All democracies separate governmental powers to some degree, in practice if not in their constitutions. Italy, for example, has a separate constitutional court to review cases that raise […]

Liability

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Introduction to Liability Liability, obligation, responsibility, or debt." (1) Concept of Liability Note: explore also the meaning of this legal term in the American Ecyclopedia of Law. Resources See Also Judiciary Resources See Also Legal System Judiciary Justice Resources Notes and […]

Criminal Law

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Introduction to Criminal Law Criminal Law, branch of law that defines crimes, establishes punishments, and regulates the investigation and prosecution of people accused of committing crimes. Criminal law includes both substantive law, which is addressed in this article, and criminal […]

Grand Jury

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Introduction to Grand Jury Grand Jury, in judicial systems based on common law, a jury called to determine whether sufficient prima facie evidence exists to warrant a trial of a person or persons accused of a crime." (1) The Grand Jury Explained References See Also Jury System (in […]

Trial Court

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Concept of Trial Court Note: explore also the meaning of this legal term in the American Ecyclopedia of Law. Introduction This entry provides an overview of the legal framework of trial court, with a description of the most significant features of trial court at international level. Related […]

Supreme Court

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Supreme Court in Election Law Highest court in a country's judicial system. The electoral law can give it jurisdiction in some election-related disputes. The U.S. Supreme Court The Supreme Court is the highest court of the United States, and the only one specifically created by the […]

Adversarial System

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Adversarial System The term adversary system sometimes characterizes an entire legal process, and sometimes it refers only to criminal procedure. In the latter instance it is often used interchangeably with "accusatorial procedure,"and is juxtaposed to the […]

Double Jeopardy

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Double Jeopardy in Constitutional Law From the Comparative Constitutions Project: Double Jeopardy refers to being charged twice for the same crime. Therefore a prohibition against double jeopardy means that no individual can be charged for the same crime if they were already found not guilty […]

Circuit Courts

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Concept of Circuit Courts Note: explore also the meaning of this legal term in the American Ecyclopedia of Law. Resources See Also Judiciary Resources See Also Courts of Appeals, U.S

Supreme Courts

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Supreme Court of Argentina (Corte Suprema de Justicia de la Nación) In relation to the supreme court of argentina (corte suprema de justicia de la nación) and constitutional law, José Sebastián Elias[1] made the following observation: The Supreme Court of […]

Judicial Systems in Federal Systems

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In relation to the judicial systems in federal systems and constitutional law, Gabrielle Appleby and Erin F Delaney[1] made the following observation: Federalism, as AV Dicey explained, implies 'the predominance of legalism or, in other words, a general willingness to yield to the […]

Appeals Courts

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Concept of Appeals Courts Note: explore also the meaning of this legal term in the American Ecyclopedia of Law. Resources See Also Judiciary Resources See Also Appellate court Court of Appeals, U.S. Court of Customs and Patent Appeals Court of Military Appeals Supreme court

Misdemeanor

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Introduction to Misdemeanor Misdemeanor, in criminal law, term applied to any offense other than a felony. In the U.S., the criminal codes of the states vary in their classifications of the offenses considered misdemeanors, but misdemeanors are always the less serious crimes. Examples of such […]

Hearing

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Introduction to Hearing Hearing (sense), one of the five main senses, by which sound waves are perceived by the organ of hearing-the ear-in vertebrate animals. The process of sound perception is called audition. The physical stimulus of auditory sensation is the vibration of some material […]

Defendant

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History Defendant, in law, a person against whom proceedings are instituted or directed; one who is called upon to answer in any suit. At one time the term “defendant” had a narrower meaning, that of a person sued in a personal action only, the corresponding term in a real action being […]

Indictment

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Introduction to Indictment Indictment, in criminal law, a formal, written accusation of crime against a person, presented by a grand jury to a court, and upon which the accused person is subsequently tried. The requisites of a valid indictment are that it contain a statement of the time and […]

Amicus Curiae

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Amicus Curiae, in law, a party (usually an attorney) who is allowed to advise the court in a legal case as a neutral person, not representing either side. Amicus curiae is a Latin phrase meaning 'friend of the court.' (1) Concept of Amicus Curiae Note: explore also the meaning of this […]

Felony

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Felony, in common law, the second in seriousness of three classifications of crimes. The first classification is treason and the third, covering all minor offenses, is misdemeanors. The distinction between felonies and misdemeanors is artificial and corresponds roughly to that between grave […]