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Additionally, in some areas of substantive law, such as when a court is reviewing a First Amendment issue, an appellate court will use a standard of review called "independent review." [citation needed] The standard is somewhere in between de novo review and clearly erroneous review. Under independent review, an appellate court will reexamine ...
The Court began by canvassing the recent history of administrative law decisions on the standard of review, including Canadian Union of Public Employees, Local 963 v New Brunswick Liquor Corp, Crevier v Quebec (AG), Canada (Director of Investigation and Research) v Southam Inc and Pushpanathan v Canada (Minister of Citizenship and Immigration ...
Legal research in the United States. Legal research is the process of identifying and retrieving information to support legal arguments and decisions. [1] Finding relevant legal information can be challenging and may involve the use of electronic research tools as well as printed books and materials.
In U.S. constitutional law, rational basis review is the normal standard of review that courts apply when considering constitutional questions, including due process or equal protection questions under the Fifth Amendment or Fourteenth Amendment. Courts applying rational basis review seek to determine whether a law is "rationally related" to a ...
standard. In United States federal law, the Daubert standard is a rule of evidence regarding the admissibility of expert witness testimony. A party may raise a Daubert motion, a special motion in limine raised before or during trial, to exclude the presentation of unqualified evidence to the jury. The Daubert trilogy are the three United States ...
A law review is a type of legal periodical. [2] Law reviews are a source of research, imbedded with analyzed and referenced legal topics; they also provide a scholarly analysis of emerging legal concepts from various topics. [1][3] The primary function of a law review is to publish scholarship in the field of law.
A law library is a special library used by law students, lawyers, judges and their law clerks, historians, and other scholars of legal history in order to research the law. Law libraries are also used by people who draft or advocate for new laws, e.g. legislators and others who work in state government , local government , and legislative ...
Carolene Products Company, 304 U.S. 144 (1938), was a case of the United States Supreme Court that upheld the federal government's power to prohibit filled milk from being shipped in interstate commerce. In his majority opinion for the Court, Associate Justice Harlan F. Stone wrote that economic regulations were "presumptively constitutional ...
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