Meaning Of Review In Black S Law Dictionary

Attorneys who have practiced in the area of domestic relations law will immediately recognize this definition. Respondents insist, however, that we have traditionally "turned to authorities of general reference, not to legal dictionaries, to `ordinary meaning to ordinary words.'" Brief for Respondents 20 (citing Sullivan v. Everhart, 494 U.S. —, — ). Respondents also seek to bolster their view with definitions of the word "support" from other dictionaries. But where a phrase in a statute appears to have become a term of art, as is the case with "child support" in Title IV, any attempt to break down the term into its constituent words is not apt to illuminate its meaning. First published in 1891, Black's is now in a 6th edition that reflects changes in tax, finance, commerce, health care, environmental and criminal law. Terms are listed alphabetically with cross-references, and entries give basic legal definitions, word usages, citations, and pronunciation.

Entries range in length from one sentence to multiple-pages with subdivisions. Appendices include a copy of the Constitution, a time chart, of Supreme Court membership, and an organizational chart of the federal government. This is not only a standard reference tool for law, but an important supplement to all high school social studies courses. In conclusion, there are so many topics included in the discussion of criminal behavior and criminal punishment. When analyzing the criminal's side, there are things such as opportunity costs and indirect opportunity costs to include.

While a lot of people don't fully understand this dynamic topic, crime and punishment can be related to basic economic theories such as substitution and price and income effects. Deterrence is one of the main topics to include in the discussion of punishment. Deterrence is used with the anticipation of deterring others from committing crimes. Another important component in the discussion of punishment is the two theories of punishment which are the retributive theory and the utilitarian theory. Along with the theories mentioned, capital punishment, incarceration and community service are the three main punishments used for disciplining criminal behavior. The topic of punishment brings together and/or apart the political views of this discussion.

These two political parties, Republicans and Democrats have conflicting views and this raises different points about the topic of punishment. The increasing incarceration rates were studied by Jacobs and Carmichael and they discovered three theoretical explanations for imprisonment. There are many dimensions of criminal behavior and criminal punishment.

Criminal law is a rising topic that is discussed more frequently today. There are not many solutions to stop criminal behavior once and for all, but deterrence is one of the solutions being implemented to decrease the amount of criminal behavior performed. Considered one of the most valuable reference tools available to the legal community, Black's Law Dictionary, Pocket Edition provides more than 21,000 clear, concise, and precise definitions for more than 15,000 terms. This is the essential companion to the full 11th edition of Black's, containing all the commonly used terms from that edition. As a standalone tool, this pocket edition includes a dictionary guide and the complete U.S. Black's is cited by judges and lawyers more than any other legal dictionary, comes recommended by law faculty, and is available in this pocket format and in a variety of other useful editions.

Since the Secretary's interpretation of the 602 disregard incorporates the definition of "child support" that we find plain on the face of the statute, our statutory inquiry is at an end. The disregard, accordingly, does not admit of the interpretation advanced by respondents and accepted by both courts below. Though Title II child's insurance benefits might be characterized as "support" in the generic sense, they are not the sort of child support payments from absent parents envisioned in the Title IV scheme.

The Title II payments are explicitly characterized in 402 as "insurance" benefits and are paid out of the public treasury to all applicants meeting the statutory criteria. Thus no portion of any 402 payments may be disregarded under 602. A lot of things in the world today involve political disputes and criminal law is one of them. The Democrats and Republicans have different views on punishment, specifically incarceration. It is often stated that state officials will use topics such as criminal punishment to try and help them overcome electoral issues .

Republicans frequently state that deterrence is the best remedy for illegal acts . The Republicans seem to take punishment more seriously than Democrats and support longer sentencing and higher imprisonment rates. On the other hand, Democrats are known for being soft on crime . Democrats often feel that street crime may be a result of unfortunate social circumstances which makes it harder for them to implement a policy that focuses on deterrence and retribution . Basically Republicans and Democrats use the election time to sell themselves, make their beliefs known and promise to implement the policies once they obtain office.

Republicans are absolutely for retribution and will go the distance to make sure a criminal receives the acceptable punishment. In contrast, Democrats are more laid back and Republicans use this in their political campaigns. The disputes between Republicans and Democrats is one in which each side has their separate views and will stand by them. The issue on appeal in West Branch was whether the trial court erred in granting a permanent injunction--a decision that would generally have been reviewed for an abuse of discretion. The association said that the terms of the collective bargaining agreement were unambiguous, so the application of the contract was a question of law, and questions of law are reviewed de novo. The court of appeals agreed, reviewed the contract issue de novo, and reversed the trial court's judgment, a result that would have been unlikely had the court of appeals reviewed the trial court's judgment for an abuse of discretion.

The applicable standard of review may determine whether a case is appealed and if so, what issues are raised. And the standard of review may determine whether the trial court's judgment is affirmed or reversed. Judge Patricia Wald of the United States Court of Appeals for the D.C. A comprehensive list of abbreviationsused in legal encyclopedias, law dictionaries, lawreporters, loose-leaf services, law reviews, legaltreatises, legal reference books and citators. In additionto providing the meaning of abbreviations and acronyms, thisedition also enables the user to locate the abbreviationsfor titles, terms and names used in legal literature. Through judicial review, state courts determine whether or not state executive acts or state statutes are valid.

They base such rulings on the principle that a state law that violates the U.S. constitution is invalid. They also decide the constitutionality of state laws under state constitutions. If, however, state constitutions contradict the U.S. Constitution, or any other national statute, the state constitution must yield. The highest state court to decide such issues is the state supreme court. After introducing crime, comparing crime to economic theories and explaining deterrence, it is time to introduce punishment.

There are two distinct views when discussing punishment of criminal behavior. The two different views are known as the retributive theory and utilitarian theory. Both of these theories are used to explain why the punishment of criminals is justified. According to Dr. Frank Spreng Professor of Economics at McKendree College, the utilitarian theory is described when a threat of punishment leads to positive benefits, while the retributive theory is described when crime leads to punishment.

According to Black's Law Dictionary, "Retributivism is the legal theory by which criminal punishment is justified, as long as the offender is morally accountable, regardless of whether deterrence or other good consequences would result" . In contrast, Black's Law Dictionary defines Utilitarian-deterrence theory as "The legal theory that a person should be punished only if it is for the good of society-that is, only if the punishment would further the prevention of future harmful conduct" . When discussing the retribution theory, it simply means that the criminal should be punished for committing a crime. It is often said that under this theory, the criminal has a debt to pay to society and is often paid through punishment. On the other hand, when discussing the utilitarian theory, it is often said that punishment often yields positive benefits for the community whether it be through deterrence, incarceration, incapacitation or community service.

The criminal is only punished if it is for the good of the society. These two views of punishment are very important to understand when discussing criminal behavior and the punishment that follows. When discussing deterrence, there are two different types to be considered and they are general deterrence and special deterrence. According to Black's Law Dictionary, "General deterrence is a goal of criminal law generally, or of a specific conviction and sentence to discourage people from committing crimes" . On the other hand, Black's Law Dictionary defines special deterrence as "A goal of a specific conviction and sentence to dissuade the offender from committing crimes in the future" .

When discussing general deterrence, in simple economic terms, the analysis of marginal benefit to marginal cost is the key to this discussion. The marginal benefit of a crime to the criminal is linked to the marginal cost of a crime to the criminal. When the marginal benefit of committing the crime is greater than the marginal cost of committing the crime, the individual will most likely commit the crime. On the other hand, when the marginal cost of committing the crime is greater than the marginal benefit of committing the crime, the individual will be discouraged from committing the crime. Crime is a term that people all around the world are familiar with.

Crime is an activity that can take place anywhere in the world at anytime. For all we know, it could be taking place this very second. According to Black's Law Dictionary, "Crime is an act that the law makes punishable; the breach of a legal duty treated as the subject matter of a criminal proceeding" . There are many aspects that a criminal considers when committing a crime.

Review Meaning In Law Dictionary A criminal will have tastes and preferences for committing the crime. Punishment for committing a crime may reduce the taste for an activity. This suggests that punishments will deter criminals from performing illegal acts. When a crime is committed, there are many costs involved. There are costs bared to the criminal, victim, victim's family and society.

The table below is from the Encyclopedia of Cost and Crime and it summarizes the cost of crime and the party who directly bears it . Like all dictionaries, legal dictionaries provide brief definitions and pronunciations of words, but legal dictionaries often offer more. Definitions, for example, may be accompanied by citations to relevant primary law sources such as cases, which can jump-start your research in an unfamiliar area of law.

Some legal dictionaries contain other useful material.Black's, for example, provides references to theWest American Digest Systemunder which case law related to certain defined terms may be found. The print version of Black's also offers some popular "extra" appendices, including a list of legal abbreviations, a reprint of the U.S. Constitution, and a "legal maxims" section that explains the meanings of certain established principles of law as expressed in Latin (e.g.,Veritas est justitiae mater).

The results of the study supported the expectations that incarceration rates are higher in conservative states . On the other hand, Jacobs and Carmichael found that the relationship between racial threats and imprisonment is more inconsistent . In the findings of the study, Jacobs and Carmichael stated that "With many explanations held constant, the results show that expansions in the strength of the Republican party and stronger conservative values produce subsequent increases in the prison population" . This statement supports their previous assumptions. Jacobs and Carmichael also added, "The stronger relationships between Republican strength and incarcerations in different periods provide added support for expectations based on the history of recent political events" . The analysis also found evidence that effective demands for harsh punishments that result from a change in minority presence must be a result of political officials because they have the power to alter the criminal codes or sentence offenders.

This evidence concludes that when violent crime and other explanations have been held constant, states with the largest black population have higher imprisonment rates . Another explanation that was proven to be accurate was fundamentalist churches and imprisonment rates. This is true where membership in these churches is greatest and as a result they are more likely to imprison a larger percentage of their population . Another important aspect of deterrence is marginal deterrence.

Problems may arise when analyzing marginal deterrence. The essential problem develops when trying to accurately place penalties on crimes of lesser and greater levels which in turn leads to crimes of greater levels . An example to better explain this would be a thief having his hand cut off for taking five dollars, and because the punishment is the same no matter what, he could have taken a greater value of money and received the same punishment. If equal punishment is demonstrated for committing two crimes, which hurts society unequally, individuals will commit the greater crime if they believe it is more beneficial .

This quote suggests that the main goal should be to deter an individual from committing a crime, but if criminal behavior should happen, the punishment of the greater offense must be significantly higher than the lesser offense in order for lesser offense to be committed. A solution to marginal deterrence includes making sure expected penalties increase with expected gains; therefore, there will not be a marginal net gain from committing the larger offense . General, specific and marginal deterrence are very important aspects to consider when studying crime and punishment because the goal is to reduce crime. Words and Phrases is a useful source similar to a dictionary. It provides judicial definitions of legal and non-legal terms.

Information is compiled from headnotes containing judicial definitions. It is useful for discovering if any court, or a specific court, has ever defined a term or phrase. The Law Library's print copy (KF 156 .W57) is no longer updated as of 2015, but an up-to-date online version is available on Westlaw. "Group home" means a place for handicapped, physically or developmentally disabled adults, or dependent or predelinquent children, providing special care in a homelike environment.

This definition includes homes of this nature for six or fewer persons, excluding house parents, which are protected by state or federal law as residential uses. The Secretary has declined to "disregard" under this provision the first $50 of Title II Social Security child's insurance benefits paid on behalf of children who are members of families applying for AFDC benefits. In the Secretary's view, the Government funded child's insurance benefits are not "child support" for purposes of 602 because that term, as used throughout Title IV, "invariably refers to payments from absent parents." Brief for Petitioner 13.

The most important rule of judicial restraint is that statutes are presumptively valid, which means that judges assume legislators did not intend to violate the Constitution. It follows that the Burden of Proof is on the party that raises the issue of unconstitutionality. In addition, if a court can construe a disputed statute in a manner that allows it to remain intact without tampering with the meaning of the words or if a court can decide a case on nonconstitutional grounds, these courses are to be preferred.

Finally, a court will not sit in judgment of the motives or wisdom of legislators, nor will it hold a statute invalid merely because it is deemed to be unwise or undemocratic. While judicial review of state laws is clearly outlined in the supremacy clause, the Framers of the U.S. Constitution did not resolve the question of whether the federal courts should have this power over congressional and executive acts. During the early years of the Republic, the Supreme Court upheld congressional acts, which implied the power of judicial review. But the key question was whether the Court had the power to strike down an act of Congress.

In the United States, the supremacy of national law is established by Article VI, Clause 2, of the U.S. State courts uphold the national law through judicial review. The NhRP legal team spent considerable time tracking down the source Black's Law Dictionary used to formulate its definition "with confidence that the Lavery ruling was flawed," in the words of NhRP President Steven M. Wise. An NhRP volunteer attorney—Spencer Lo—recently located the source, Sir John Salmond's Jurisprudence , with the assistance of the Library of Congress. A legal dictionary provides definitions of words and phrases that have made their way into modern legal practice and may differ from what can be found in a general dictionary. Legal dictionaries may also provide references to relevant primary law and secondary sources which can help you with your research—especially when tackling an area of law that may be new and unfamiliar.

The Association thought the school board had violated, misrepresented, or misapplied the collective bargaining agreement's teacher evaluation procedures, so it filed a grievance. The school board's superintendent denied the grievance and the association then submitted a request for arbitration. That prompted the school board to file a lawsuit to enjoin the association from going to arbitration. The trial court granted a permanent injunction in favor of the school board.

The association appealed the trial court's judgment. Legal dictionaries work like all dictionaries. If you know the correct spelling of the word for which you are seeking a definition, the process is as straightforward as using any dictionary. Never think of a legal dictionary as a final stop in your research. While some, like Black's, are considered very trustworthy, remember that the definitions in a legal dictionary are not official, authoritative statements of the law.