Simple English definitions for legal terms
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Term: FUNDAMENTAL LAW
Definition: Fundamental law is the most important law that sets up the rules for how a country or state is run. It is also called the constitution. It tells us how the government works, what rights people have, and how laws are made. It is very important because it helps to keep things fair and equal for everyone.
Definition: Fundamental law refers to the organic law that establishes the governing principles of a nation or state. It is also known as constitutional law or ground-law. It is different from natural law.
Example: The United States Constitution is an example of fundamental law. It establishes the principles of government and outlines the rights and freedoms of citizens.
Explanation: The example illustrates the definition of fundamental law as it shows how the Constitution serves as the organic law that governs the United States. It outlines the principles of government, such as the separation of powers, and establishes the rights and freedoms of citizens, such as freedom of speech and religion.
Definition: The fundamental-miscarriage-of-justice exception is a doctrine that allows a federal court to address a claim of constitutional error that is ordinarily unreviewable. It applies in a habeas corpus proceeding and is subject to review because of a state-court procedural default that rendered the proceedings basically unfair.
Example: If a petitioner claims that their constitutional rights were violated during their trial, but the claim was not raised during the state court proceedings, the federal court may use the fundamental-miscarriage-of-justice exception to review the claim. However, the petitioner must show by a preponderance of the evidence that constitutional error resulted in the conviction of one who is actually innocent.
Explanation: The example illustrates the definition of the fundamental-miscarriage-of-justice exception by showing how it applies in a specific situation. It allows a federal court to review a claim of constitutional error that was not raised during state court proceedings if the petitioner can show that the error resulted in the conviction of an innocent person. This exception is important because it ensures that individuals are not wrongly convicted due to procedural errors or violations of their constitutional rights.