random
1. marry and procreate
2. buy Birth control
3. hae custody and raise kids
4. refuse medical treatement
5. freedom of speech
6. travel freely among states
7. vote
8. freedom association
9. freedom of religion
descrine scruity required for substantive due process( type and elements)
strict scrutiny
1. was there life liberty and property violation
2. compelling government interest
3. necessary narrowest means
define elements for intermediate scrutiny under equal protection
important government interest
substantially related to that interest
what is the federal question
federal question arises under federal law when it requires application of federal law to determine the plaintiffs case, plaintiff invokes federal law as basis of claim
define the 5th amendment as it related to cirminal law
protection against self incrimination and double jeopardy
what are the sources of law in the USA
1. consitution
2. common law
3. legislation(us code/ statutes)
4. precedent
5. treaties
6 other
type of scrutiny for procedural due process
balancing test
1. nature of private interest effected
2. likely hood other options are better
3. burden on state for others options/procedures
what is an unconscionable contract?
something unreasonably unfair at signing, unreasonably favor one party
lack of knowledge, lack of voluntariness, inconspicuous print, complex legalistic language disparity of bargaining power, lack of opportunity to study the contract.
what does the fed govt have jurisdiction over
cases based in fed law
federal govt is a party
between individual states
between citizens of different states
when defendant doesn't respond to the claim in a timely manner
what is statutory interpretation
define freedom of speech ( which amendment, the definition and the types)
1st amendment
intent to convey message
message has likelihood of being understood
conduct is expressive
content speech and time manner and place
define elements of rational scrutiny for equal protection
legitimate govt interest
rationally required
what is a jury
unbiased group of citizens, who hear evidence case and give a verdict
what is a disponsive motion
after discovery If facts of case are not disputed, you can file for summary judgement
what is the hierachy of laws
constitution
treaties/ statutes/common law
exec orders
admin rules and regs
guidelines/advisory/ rulings
describe scrutiny for content speech issues
narrowest means
define scrutiny for time manner and place speech
1. not content related
2. narrowly tailored
3. ample alternate channels
define consideration
contract promise requires it to be the product of bargaining( consideration)
value of consideration is irrelevant
forbearance is consideration
what is a pleading and what are the elements
pleading is initial papers to commence legal action
complaint- sets up jurisdiction and is a short statement
claim- answers if the plantiff is entited to relief and demiand for relied
the answer- but the defendant
define a contract
a promise or set of promises for which the breach of, the law gives remedy or performance that the law recognizes as duty
define element for strict scrutiny under equal protection
1. compelling government interest
2. least restrictive means
what was the outcome of MABERRY vs MADISON
Judicial review
SCOTUS can interpret and enforce the law
what kind of cases can the federal government decide not to here
ripeness
mootness
standing
political question
advisory opinions
soveriengn immunity
what are the two types of motions
motion to dismiss- filed before the answer, lets defendant bring failure to state a claim
motion for summary judgement- after discovery, a judgement before trial becasue key facts cannot be disputed