Judicial review is a fundamental principle in U.S. common law courts. It is this principle that establishes the judiciary’s equality with (some might argue primacy over) the executive and the legislative branches of government.
Judicial review is the principle where the U.S. Supreme Court has the authority to review all law. Based on judicial review the U.S. Supreme Court can review states’ laws, federal legislation, executive regulations and, depending on your view, Constitutional law.
Because of precedence in common law, the ruling of Marbury v. Madison (5 U.S. 137, 1803 – syllabus) establishes that the U.S. Supreme Court stands in the role of adjudicator of all other law. In the court’s opinion, Mr Chief Justice Marshall wrote:
kevin What Is ...? Chief Justice John Marshall, Judicial Restraint, Marbury v. Madison
The Alien Tort Claims Act (ATCA) of 1789 is a statute codified in Title 28 United States Code § 1350. This 220 year old (as of this writing) piece of legislation, also known as the Alien Tort Statute or ATS, stipulates that
The district courts shall have original jurisdiction of any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States.
This statement lives within the section of code dealing with the U.S. judiciary’s federal courts. The “district courts” in the statement refer to the first of three levels of federal courts.
kevin What Is ...? ATCA, Federal Court, U.S. Code
Wal-Mart is appealing the 2004 class action national certification of a class of plaintiff who are suing on the grounds of gender discrimination. The large retailer has previously lost two court decisions about this case.
The appeal will be heard by the Ninth Circuit Court of Appeals.
kevin News Class Action, Court of Appeals, Ninth Circuit, Wal-Mart
Common Law is a system of law that depends on previous judicial judgements or precedents to establish law.
By way of contrast, statutory law creates law with the successful statutes of a legislative body and regulatory law utilizes requirements and obligations handed down by members of the executive branch to form law. Consitutional law predicates its laws upon the articles of the Constitution.
A governing principle of common law is stare decisis which in short means that if the components of a case are materially the same as a previously decided case then a similar result must be reached.
kevin What Is ...? Common Law, Due Process, Executive, Judicial, Legislative, Regulatory Law, Statutory Law
Stare decisis is the principle in common law that prior decisions are authoritative and binding for all cases where the facts are the same. The implication is that any case with the same facts must be decided the same as any previously decided case. This principle is how judicial decisions become binding precedent under common law.
The term literally means “standing by decisions” or “standing by things decided” in Latin. It provides stability and consistency to common law rulings.
kevin What Is ...? Common Law, Judicial Law, Latin
