Doctrinal Families

Here is an incomplete list of Doctrines if you want to learn more:

Did this help you? Let me know if you want me to write more on doctrines themselves, which I think is an important legal concept, but for now, just skim the list and file this into your brain. Naturally, we'll be exploring several of these very important legal doctrines in more detail.

Credit to Cornell, pasted for brevity:

vagueness doctrine

• The vagueness doctrine is a constitutional principle requiring that laws be written with sufficient clarity so that ordinary people can understand what conduct is prohibited and so that enforcement is not arbitrary or discriminatory.

riparian doctrine

• Riparian doctrine refers to the doctrine in property law that deals mainly with a body of water bordering a piece of land.

incorporation doctrine

• Overview The incorporation doctrine is a constitutional doctrine through which parts of the first ten amendments of the United States Constitution (known as the Bill of Rights) are made applicable to the states through the Due Process clause of the Fourteenth Amendment.

doctrine of equivalents

• The doctrine of equivalents is a means by which a holder of a patent may raise a claim of infringement even though each and every element of the patented invention is not identically present in the allegedly infringing product.

doctrine of completeness

• Under Rule 106 of the Federal Rules of Evidence, when an incomplete writing or recorded statement is introduced in a trial by one party, the adverse party may require the introduction of any other parts or any other writing or recorded statement which ought, in fairness, to be considered contemporaneously with the writing or recorded statement originally introduced.

merger doctrine

• In criminal law, if a defendant commits a single act that simultaneously fulfills the definition of two separate offenses, merger will occur.

Collyer doctrine

• The Collyer doctrine is a doctrine in labor law which states that the National Labor Relations Board (NLRB) will defer charges (ie. unfair labor practices) to a contractually agreed upon dispute resolution method so long as certain conditions are met.

castle doctrine

• The castle doctrine is a legal doctrine stating that if a party is in their own home, that party does not have a duty to retreat prior to using reasonable force (including deadly force if necessary) as self-defense.

doctrine of discovery

• The doctrine of discovery refers to a principle in public international law under which, when a nation “discovers” land, it directly acquires rights on that land.

Feres doctrine

• Feres doctrine is a legal doctrine that prevents members of the armed forces who are injured while on active duty from successfully suing the federal government under the Federal Tort Claims Act (FTCA).

emergency doctrine

• The common-law emergency doctrine, also called the imminent-peril doctrine; sudden-emergency doctrine; sudden-peril doctrine; sudden-peril rule, is a legal principle excusing a person from the ordinary standard of reasonable care if he or she is confronted with an emergency situation that leaves little or no time for thought, deliberation, or consideration.

employment-at-will doctrine

• The employment-at-will doctrine is an employment law practice in which an employer and employee agree there is no set period of employment.

abstention doctrine

• The abstention doctrine is an authority that precludes federal courts from hearing cases within its jurisdictions, instead, giving state courts authority over the case.

rescue doctrine

• Generally, in tort law, there is no duty to rescue another. However, if an individual negligently creates the need for a rescue—i.e. creates a situation which puts another in peril—then a duty to rescue may arise for that individual.

nondelegation doctrine

• The non-delegation doctrine is a constitutional principle that Congress cannot delegate its legislative powers to another branch of government or to private entities.

Erie doctrine

• The Erie doctrine is a binding principle requiring federal courts exercising diversity jurisdiction to apply state substantive law and federal procedural law, as defined by the Federal Rules of Civil Procedure.Pre-Erie DoctrineThe doctrine derives from the landmark U.S.

Development of Doctrine

• Early Tenth Amendment Jurisprudence State Police Power and Tenth Amendment Jurisprudence Tenth Amendment and Darby State Sovereignty and Tenth Amendment Federal Power to Tax and Tenth Amendment Anncon0 Amdt10.3 Amendment X None None

Modern Doctrine

• Modern Tenth Amendment Jurisprudence Generally Anti-Commandeering Doctrine Equal Sovereignty Doctrine Commerce Clause and Tenth Amendment Anncon0 Amdt10.4 Amendment X None None

Modern Doctrine

• Admissibility of Testimonial Statements Ongoing Emergencies and Confrontation Clause Dying Declarations and Forfeiture by Wrongdoing Right to Confront Witnesses Face-to-Face Confrontation of Witnesses Lacking Memory Evidence Introduced by Defendant Anncon1 Amdt6.5.3 Amendment VI None None

Exhaustion Doctrine

• ArtIII.S1.6.8 Exhaustion Doctrine and State Law Remedies Article III, Section 1: The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.

Doctrine and Practice

• ArtIII.S1.10.2.3 Good Behavior Clause Doctrine Article III, Section 1: The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.

Nondelegation Doctrine

• Overview of Nondelegation Doctrine Historical Background on Nondelegation Doctrine Origin of Intelligible Principle Standard Nature and Scope of Intelligible Principle Doctrine Agency Discretion, Chevron Deference, and Loper Bright Enterprises v.

Impeachment Doctrine

• ArtI.S2.C5.3 Impeachment Doctrine Article I, Section 2, Clause 5: The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment.

Modern Doctrine

• United States v. Lopez and Interstate Commerce Clause Channels of Interstate Commerce Persons or Things in and Instrumentalities of Interstate Commerce Intrastate Activities Having a Substantial Relation to Interstate Commerce Limits on Federal Regulation of Intrastate Activity Regulation of Activity Versus Inactivity Regulation of Interstate Commerce to Achieve Policy Goals Civil Rights and Commerce Clause Criminal Law and Commerce Clause Anncon2 ArtI.S8.C3.6 Article I Section VIII Clause III

Modern Doctrine

• General Scope of State Sovereign Immunity Nature of States' Immunity Suits Against States Anncon0 Amdt11.5 Amendment XI None None

Overbreadth Doctrine

• However, there is an exception to this general rule known as the doctrine of overbreadth, which generally arises in the context of First Amendment challenges.3 FootnoteFor a more detailed explanation of this First Amendment doctrine, see .

Doctrine and Practice

• Federal Admiralty and Maritime Jurisdiction Generally Territorial Extent of Admiralty Jurisdiction Jurisdiction over Categories of Admiralty Cases Torts Committed on Navigable Waters Maritime Contracts or Services Exclusivity of Federal Admiralty and Maritime Jurisdiction Anncon2 ArtIII.S2.C1.14 Article III Section II Clause I