- 13
- 0
- 约2.56万字
- 约 19页
- 2017-08-24 发布于浙江
- 举报
Chapter 3提纲
JUDICIAL REVIEW
Judicial Review: The process by which a court decides the
constitutionality of legislative enactments and actions by the
executive branch.
While the U.S. Constitution makes no mention of the
power of judicial review, Alexander Hamilton and
James Madison (two of the three authors of the
influential Federalist Papers) both advocated the
concept of judicial review as a necessary part of the
checks and balances that characterize our federal
government.
In Marbury v. Madison (1803), arguably the most
significant case in American constitutional law, the U.S.
Supreme Court opined:
It is emphatically the province and duty of the
[courts] to say what the law is…. So if the
law be in opposition to the Constitution …
[t]he Court must determine which of these
conflicting rules governs the case. This is the
very essence of judicial duty.
Ch. 3: Courts and Alternative Dispute Resolution - No. 1
Business Law Today: The Essentials (9th ed.)
JURISDICTION
Jurisdiction: The authority of a court to hear and decide a
specific action. Jurisdiction has many dimensions, including:
Personal Jurisdiction: The authority of a court to hear
and decide a dispute involving the particular parties
before it.
Subject Matter Jurisdiction: The authority of a court
to hear and decide the particular dispute before it.
Original Jurisdiction: The authority of a court to hear
an
原创力文档

文档评论(0)