JOUR 275 Lecture Notes - Lecture 3: Facial Challenge, Amicus Curiae, Superior Court
19 Dec 2018
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Document Summary
Branches of law: the executive: president, cabinet, and administrative agencies, the legislative: senate and house of reps, the judicial: 3 levels of courts. Statutory construction: the process where courts determine the proper meaning and application of statues. Strict conversation: courts narrow interpretation and application of a law based on the literal meaning of its language. Deference: the judicial practice of interpreting statues and riles by relying heavily on the judgements and intentions of the administrative experts and legislative agencies that enacted the laws. Facial challenge: a legal document that the challenged law or policy is unconstitutional in every application. Judicial review: the power of the courts to determine the meaning of the constitution and decide whether laws violate the constitution. Modify precedent: to change rather than follow or reject precedent. Distinguish from precedent: to justify an outcome in a case by asserting that differences between that case and preceding cases outweigh any similarities.
