Chapter 3提纲.pdfVIP

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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

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