Constitutional Law
In 1791, this was added to the Constitution guaranteeing many liberties directly to individual citizens
What are the first ten amendments (Bill of Rights)?
Prohibits the government from creating a church or promoting religion.
What is the Establishment Clause?
prohibits a state from taking private property for public used without just compensation
What is the takings clause?
courts power to hear a case
What is jurisdiction?
A short, plain statement of the facts alleged and the legal claims made
What is a complaint?
gives Congress the power to regulate commerce with foreign nations and among states.
What is the Commerce Clause?
Protects an individuals right to hold religious beliefs and practice religion freely.
What is the Free Exercise Clause?
ensures that before the government takes liberty or property, the affected person has a fair chance to oppose the action.
What is procedural due process?
determine facts and apply the law to the facts; accept the facts found by the trial court and review the trial record for errors of law
What are trial and appellate courts?
A formal request to the court that it take some step or issue some order
What is a motion?
Makes the Constitution, federal statutes and treaties, and the supreme law of the land.
What is the Supremacy Clause?
Public universities have this located in high-traffic areas of campus that are not immediately adjacent to a large number of classrooms.
What are designated "free speech zones"?
the Due Process Clauses of the Constitution
What are the fifth and 14th Amendments?
ruling by the court that no trial is necessary because there are no essential facts in dispute
What is summary judgment?
one plaintiff represents the entire group of plaintiffs, including those who are unaware of the lawsuit or even unaware they were harmed
What is class action?
The Supreme Court can declare laws of Congress unconstitutional.
What is Judicial Review?
the government can regulate this even when speech is protected
What is time, place, and manner?
No person shall be deprived of life, liberty, or property without the due process law.
What is the fifth amendment?
the person being questioned in a deposition
Who is the deponent?
a decision that the plaintiff wins without trial because the defendant failed to answer in time
What is a default judgment?
The power of federal, state, and local governments to take private property for public use against the will of the owner, providing fair compensation is paid.
What is eminent domain?
Regulations on this speech must be reasonable and directed to a legitimate goal.
What is Commercial Speech?
The supreme court will carefully review any legislation that harms a person's freedom of speech, religion, press, peaceful assembly, and petition, the right to interstate travel, the right to vote, and the right to marry.
What is substantive due process?
the plaintiff and defendant in a case are residents of different states or nations, and the amount in dispute exceeds $75,000.
What is diversity of citizenship or diversity jurisdiction?
The critical pre-trial opportunity for both parties to learn the strengths and weaknesses of the opponent's case.
What is discovery?