Constitutional Law
Freedom of speech, free exercise of religion, freedom of the press, right to assembly, and petition the government are all prophets of this amendment.
What is the First Amendment?
It is the act of communicating false statements about someone that harm their reputation.
What is defamation?
The act of intentional killing is this.
What is murder?
This of contract involves a promise from only one party, with the other party accepting the offer by performing a specific action.
What is a unilateral contract?
This famous Supreme Court case established judicial review.
What is Marbury v. Madison?
This Supreme Court case from 1989 with a 5-4 ruling held that flag burning constitutes as protected symbolic speech.
What is Texas v. Johnson?
Written defamation is called this.
What is libel?
These are the two elements required when most crimes are committed: the guilty intent and the guilty act.
What are mens reas and actus reas?
These are the three elements required to form a binding contract.
What are the offer, acceptance, and consideration?
This is the power of a court to hear a particular type of case.
What is jurisdiction?
These are protections against discrimination and ensure equal treatment under the law.
What are civil rights?
In the case Palsgraf v. Long Island Railroad Co. (1928), it was held that the railroad was not liable for the plaintiff’s injuries because it was not within this.
What is the zone of danger?
Required by a 1966 Supreme Court ruling, these are given to inform defendants of their right to remain silent and their right to the presence of an attorney.
What are Miranda warnings?
If one party who signed a contract was a minor at the time, the contract may be this.
What is voidable?
This is an opinion written by a justice who disagrees with the majority.
What is a dissenting opinion?
The doctrine of incorporation, which applies most of the Bill of Rights protections to the states, is based on this clause.
What is the Due Process Clause of the Fourteenth Amendment?
For a plaintiff to prove negligence, they must establish these four elements.
What are duty, breach, causation, and damages?
If the defendant is tricked or led into committing a crime by law enforcement that they otherwise wouldn’t commit, they may claim this.
What is entrapment?
This equitable remedy orders the breaching party to fulfill their contractual obligations rather than paying monetary compensation.
What is specific performance?
These are the two types of jurisdiction the Supreme Court can exercise.
What are appellate jurisdiction and original jurisdiction?
This test, developed in Lemon v. Kurtzman (1971), is used to determine if government action violates the Establishment Clause.
What is the Lemon Test?
This type of liability imposes liability even though the defendant isn't at fault.
What is strict liability?
This test, established in 1843 in England, is used to determine criminal responsibility based on a defendant's mental state at the time of the offense.
What is the M'Naghten test?
This allows a promise to be enforced if someone relied on it to their detriment.
What is promissory estoppel?
At least how many justices have to agree to grant certiorari before the case is placed on the Court's docket?
What is four?