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Regarding a court below in an appeal, either a court of first instance or an appellate court, known as the court a quo. / ˌ eɪ ˈ k w oʊ / ab extra: from outside Concerning a case, a person may have received some funding from a 3rd party. This funding may have been considered ab extra. / ˌ æ b ˈ ɛ k s t r ə / ab initio: from the beginning
Intermediate scrutiny, in U.S. constitutional law, is the second level of deciding issues using judicial review. The other levels are typically referred to as rational basis review (least rigorous) and strict scrutiny (most rigorous). In order to overcome the intermediate scrutiny test, it must be shown that the law or policy being challenged ...
Textualism is a formalist theory in which the interpretation of the law is based exclusively on the ordinary meaning of the legal text, where no consideration is given to non-textual sources, such as intention of the law when passed, the problem it was intended to remedy, or significant questions regarding the justice or rectitude of the law.
v. t. e. The plain meaning rule, also known as the literal rule, is one of three rules of statutory construction traditionally applied by English courts. [1] The other two are the "mischief rule" and the "golden rule". The plain meaning rule dictates that statutes are to be interpreted using the ordinary meaning of the language of the statute.
Originalism is a legal theory that bases constitutional, judicial, and statutory interpretation of text on the original understanding at the time of its adoption. Proponents of the theory object to judicial activism and other interpretations related to a living constitution framework. Instead, originalists argue for democratic modifications of ...
Audi alteram partem (or audiatur et altera pars) is a Latin phrase meaning "listen to the other side", or "let the other side be heard as well". [1] It is the principle that no person should be judged without a fair hearing in which each party is given the opportunity to respond to the evidence against them. [2]
United States free speech exceptions. In the United States, some categories of speech are not protected by the First Amendment. According to the Supreme Court of the United States, the U.S. Constitution protects free speech while allowing limitations on certain categories of speech. [1] Categories of speech that are given lesser or no ...
Every person who has been nominated to the court has been an attorney. [ 7 ] Before the advent of modern law schools in the United States , justices, like most attorneys of the time, completed their legal studies by " reading law " (studying under and acting as an apprentice to more experienced attorneys) rather than attending a formal program.