The Law Dictionary for Everyone
The doctrine of res judicata is similar to the criminal law concept of double jeopardy, but in a civil law setting. Res judicata bars any party to a civil lawsuit from suing again on the same claim or issue that has previously been decided by the court. This includes any issue that was heard and decided in the first lawsuit, […]
Read morePreamble refers to an introductory statement, which in turn describes, or states the reason for, the remaining portion of the document or writing. In the United States, the term preamble is most commonly associated with the introductory section of the U.S. Constitution. Preambles are, however, used at the beginning of other documents, such as charters, constitutions, and legal documents. To […]
Read moreThe term prior restraint refers to a governmental restriction on speech or other expression before it can take place. This is seen by many as a blatant violation of the First Amendment rights enjoyed by all Americans, but is sometimes used by courts concerned about the effect publicity might have on a person’s right to a fair trial. Prior restraint […]
Read moreThe Privileges and Immunities Clause of the U.S. Constitution seeks to ensure all people of the nation can travel freely throughout the states, without being treated in a discriminatory manner. Although each state in the newly formed nation maintained its autonomy, citizens needed to be able to expect to have the same rights as the people who lived in each […]
Read moreUnemployment refers to the state of not having a job, or being unable to gain employment when seeking work. In the United States, the number of unemployed individuals is used to evaluate the health of the economy. The unemployment rate used in such evaluation relies on the number of unemployed people, as well as the number of people available to […]
Read moreThe Miranda rights is a set of instructions that are required to be given to a person taken into custody on suspicion of having committed a criminal act, before he can be questioned by police. The purpose of the Miranda rights is to ensure such individuals are made aware of their right to not make any statement that incriminates themselves, […]
Read moreMegan’s Law is a federal law that requires information about convicted sex offenders to be made available to the public. The law was enacted in response to the 1986 murder of seven-year old Megan Nicole Kanka, after having been lured into her neighbor’s house and raped. The neighbor had previously been convicted of sexual molestation of a child. Following the […]
Read moreJudicial activism is a legal term that refers to court rulings that are partially or fully based on the judge’s political or personal considerations, rather than existing laws. In basic terms, judicial activism occurs when a judge presiding over a case allows his personal or political views to guide his decision when rendering judgment on a case. The topic of […]
Read morePersonal rights held by an individual which are not bestowed by law, custom, or belief, and which cannot be taken or given away, or transferred to another person, are referred to as “inalienable rights.” The U.S. Constitution recognized that certain universal rights cannot be taken away by legislation, as they are beyond the control of a government, being naturally given […]
Read moreInherent powers are those powers held by the President that are not explicitly mentioned in the United States Constitution. Though these powers are not specified, they are deemed necessary in some situations in order for the President to effectively fulfill his or her responsibilities. Some people have expressed concern that the broadly interpreted inherent powers held by the U.S. President […]
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