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Study sets matching "constitutional law"

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Study sets matching "constitutional law"

29 terms
Constitutional Law
Incitement
Obscenity
Defamation
Libel
To encourage a crowd to commit violence
Vulgar, lewd or pornographic material
to lie about someone and injure their reputation
Written defamation
Incitement
To encourage a crowd to commit violence
Obscenity
Vulgar, lewd or pornographic material
39 terms
Constitutional Law
McCulloch v. Maryland (1819)... The fede…
Scott v. Sandford (1857)... Blacks are i…
Hammer v. Dagenhart (1918)... FCLA viola…
U.S. v. Darby Lumber (1941)... Hammer v.…
1st National Bank is opposed by the State of ______ and she a…
A slave is brought to a non-slave state and his owner dies. H…
The Federal Child Labor Act of 1915 prohibits the employment…
The owner of a lumber mill cites Hammer v. Dagenhart to chall…
McCulloch v. Maryland (1819)... The fede…
1st National Bank is opposed by the State of ______ and she a…
Scott v. Sandford (1857)... Blacks are i…
A slave is brought to a non-slave state and his owner dies. H…
707 terms
Constitutional Law
Standing
Elements of Standing
Injury (standing)
Causation/redressability (standing)
Is plaintiff the proper party to bring matter to court for ad…
1. Injury... 2. Causation/redressability... 3. No third party stand…
Plaintiff must allege and prove that he has been injured or i…
Plaintiff must allege and prove that defendant caused injury…
Standing
Is plaintiff the proper party to bring matter to court for ad…
Elements of Standing
1. Injury... 2. Causation/redressability... 3. No third party stand…
707 terms
Constitutional Law
Standing
Elements of Standing
Injury (standing)
Causation/redressability (standing)
Is plaintiff the proper party to bring matter to court for ad…
1. Injury... 2. Causation/redressability... 3. No third party stand…
Plaintiff must allege and prove that he has been injured or i…
Plaintiff must allege and prove that defendant caused injury…
Standing
Is plaintiff the proper party to bring matter to court for ad…
Elements of Standing
1. Injury... 2. Causation/redressability... 3. No third party stand…
61 terms
Constitutional Law
4 Justiciability Doctrines
4 Components of Standing
Exceptions to Mootness
Nonjusticiable Political Questions
1. Standing... 2. Ripeness... 3. Mootness... 4. Political Question
1. Injury: personal and likelihood of future harm for injunct…
(i) wrong capable of repetition but escaping review, (ii) vol…
(a) republican form of government clause, (b) challenges to P…
4 Justiciability Doctrines
1. Standing... 2. Ripeness... 3. Mootness... 4. Political Question
4 Components of Standing
1. Injury: personal and likelihood of future harm for injunct…
60 terms
Constitutional Law
Constitutional Law
1) Sources of constitutional law... Cons…
Case law
Customs
The branch of law that regulates the state itself is called c…
In most states, the most important of these constitutional ru…
Case law may be constitutionally relevant where courts lay do…
In some constitutional monarchies, such as the United Kingdom…
Constitutional Law
The branch of law that regulates the state itself is called c…
1) Sources of constitutional law... Cons…
In most states, the most important of these constitutional ru…
15 terms
Constitutional Law
Constitution
Congressional Power
Article 1
Executive Power
Drafted in 1787
Article one establishes congress with two houses... Each state h…
gives congress power
Article 2 defines the power and responsibilities of the presi…
Constitution
Drafted in 1787
Congressional Power
Article one establishes congress with two houses... Each state h…
707 terms
Constitutional Law
Standing
Elements of Standing
Injury (standing)
Causation/redressability (standing)
Is plaintiff the proper party to bring matter to court for ad…
1. Injury... 2. Causation/redressability... 3. No third party stand…
Plaintiff must allege and prove that he has been injured or i…
Plaintiff must allege and prove that defendant caused injury…
Standing
Is plaintiff the proper party to bring matter to court for ad…
Elements of Standing
1. Injury... 2. Causation/redressability... 3. No third party stand…
26 terms
Constitutional Law
Constitutional Law
Takings Clause
Fundamental Rights (strict scrutinty)
Obscenity Test
Is no basis alone for a dense at a criminal proceeding.
If the government takes your property and there is a ... (1) de…
CARP SPERM (Contraception, Abortion, Right to Privacy, Procre…
(PIPS) Prurient Interests. Patently Offensive, Serious Lack o…
Constitutional Law
Is no basis alone for a dense at a criminal proceeding.
Takings Clause
If the government takes your property and there is a ... (1) de…
78 terms
Constitutional Law
FEDERAL JUDICIAL POWER... JUSTICIABILITY…
ABSTENTION
STANDING
Associational standing:
For a case to be justiciable, meaning a case or controversy m…
fed can't enjoin pending st. ct proceeding.
Req'ts (Pickled Doughnuts Cause Reflux) ... 1) Personal & Direct…
IS GOP Not Participating.... -indivs have standing; ... -germane to…
FEDERAL JUDICIAL POWER... JUSTICIABILITY…
For a case to be justiciable, meaning a case or controversy m…
ABSTENTION
fed can't enjoin pending st. ct proceeding.
17 terms
Constitutional Law
Articles of Confederation
Bill of Rights
Commerce Clause
due process
邦聯條例
權利法案
貿易條款
正當程序
Articles of Confederation
邦聯條例
Bill of Rights
權利法案
26 terms
Constitutional law
Commerce Clause
Necessary and Proper Clause
Supremacy Clause
10th Amendment
Congress can reg commerce with foreign nations and among the…
Congress may make all laws which shall be necessary and prope…
The constitution and the laws of the US shall be the supreme…
Powers not delegated to the fed gov are reserved to the state…
Commerce Clause
Congress can reg commerce with foreign nations and among the…
Necessary and Proper Clause
Congress may make all laws which shall be necessary and prope…
34 terms
Constitutional Law
Marbury v. Madison, 1803
Cooper v. Aaron, 1958
Martin v. Hunter's Lessee, 1816
Hans v. Louisiana, 1890
JUDICIAL REVIEW POWER... establishes judicial review and the pow…
JUDICIAL REVIEW POWER... Upheld the BROWN decision. Federal cour…
REVIEW OF STATE COURT JUDGMENTS... Conflicting claims over land…
Hans sued the state in federal court saying that Louisiana vi…
Marbury v. Madison, 1803
JUDICIAL REVIEW POWER... establishes judicial review and the pow…
Cooper v. Aaron, 1958
JUDICIAL REVIEW POWER... Upheld the BROWN decision. Federal cour…
125 terms
CONSTITUTIONAL LAW
RIGHT TO PRIVACY - SUBJECTS
GOV'T REGULATION w/r/t ABORTION
UNDUE BURDENS w/r/t ABORTION
GOV'T REGULATION w/r/t COMMERCIAL SPEECH
CAMPERS... Contraception... Abortion... Marriage (including same-sex…
Pre-viability: A state may regulate abortion as long as no UN…
NOT undue burdens (remember: pre-viability): ... Required disclo…
Commercial speech is absolutely NOT PROTECTED if:... 1) It conce…
RIGHT TO PRIVACY - SUBJECTS
CAMPERS... Contraception... Abortion... Marriage (including same-sex…
GOV'T REGULATION w/r/t ABORTION
Pre-viability: A state may regulate abortion as long as no UN…
98 terms
Constitutional Law
1st Amendment
2nd Amendment
3rd Amendment
4th Amendment
Freedom of religion, speech, press, peaceful assembly, petiti…
Right of people to bear arms
Quartering soldiers
Protection against unreasonable search and seizures, warrants…
1st Amendment
Freedom of religion, speech, press, peaceful assembly, petiti…
2nd Amendment
Right of people to bear arms
Constitutional law
Edinburgh & Dalkeith Railway v Wauchop…
Constitutionalism
Legal constitutionalism
Political constitutionalism
The "enrolled bill rule"... No court may hold an Act of Parliame…
The doctrine stating that governments should be limited it it…
1) Approach to constitutionalism:... The courts have the main ro…
2) Approach to constitutionalism:... The political process contr…
Edinburgh & Dalkeith Railway v Wauchop…
The "enrolled bill rule"... No court may hold an Act of Parliame…
Constitutionalism
The doctrine stating that governments should be limited it it…
70 terms
Constitutional Law
Marbury v. Madison
Martin v. Hunter's Lessee
Cohen v. Virginia
District of Columbia v. Heller
Established Judicial Review, implied from Article VI §2 "Supr…
The U.S. Supreme Court has appellate jurisdiction over state…
Supreme Court may review State ruling in Criminal Proceeding.
The Second Amendment protected an individual right to possess…
Marbury v. Madison
Established Judicial Review, implied from Article VI §2 "Supr…
Martin v. Hunter's Lessee
The U.S. Supreme Court has appellate jurisdiction over state…
101 terms
Constitutional Law
Process of Political Injury
Plagiarism
Critical Thinking
Thesis Sentence
Describes how some political Phenomena relate functionally to…
Intentional or Unintentional use of someone else's Ideas, phr…
Define problems, examine evidence, and analyze the assumption…
sums up main ideas, asserts something about the topic, convey…
Process of Political Injury
Describes how some political Phenomena relate functionally to…
Plagiarism
Intentional or Unintentional use of someone else's Ideas, phr…
11 terms
Constitutional Law
Civil law
Due process
Writ of certiorari
Habeas corpus
the system of law concerned with private relations between me…
fair treatment through the normal judicial system, especially…
the name given to certain appellate proceedings for re examin…
a writ forcing a person under arrest to be brought in front o…
Civil law
the system of law concerned with private relations between me…
Due process
fair treatment through the normal judicial system, especially…
15 terms
Constitutional Law: Detention and Arrest
4th Amendment
4th Amendment applies to
Two Classes of Seizures
Legal Threshold for detaining a person
Provides protection against unreasonable searches and seizures.
Persons, Papers, Houses and Effects
Investigatory Stop and Arrest
Reasonable Articulable Suspicion
4th Amendment
Provides protection against unreasonable searches and seizures.
4th Amendment applies to
Persons, Papers, Houses and Effects
116 terms
Constitutional Law
Constitution
Canadian constitution
1982 Constitution Act
4 Constitutions Prior to 1867
Foundational principals that together describe the organizati…
1867, Derived from Westminster,... mix of unwritten and written,…
includes all original constitutional laws, increased the diff…
1. Royal Proclamation of 1773 - surrender of France... 2. Quebec…
Constitution
Foundational principals that together describe the organizati…
Canadian constitution
1867, Derived from Westminster,... mix of unwritten and written,…
Constitutional Law
Civil law
Due process
Writ of certiorari
Habeas corpus
the system of law concerned with private relations between me…
fair treatment through the normal judicial system, especially…
name given to certain appellate proceedings for re-examinatio…
a writ that is used to bring a party who has been criminally…
Civil law
the system of law concerned with private relations between me…
Due process
fair treatment through the normal judicial system, especially…
21 terms
ConstitutionalLAW
Laws
Human Rights
Universal Declaration of Human Rights
Balancing rights with responsibilities
_____ reflect our societys values... -protect basic human rights…
rights all people have simply because they are human beings
promotes freedoms of religion,political,education,economic we…
Just because its legal doesnt make it right, everyone has jur…
Laws
_____ reflect our societys values... -protect basic human rights…
Human Rights
rights all people have simply because they are human beings
11 terms
Constitutional Law
Civil Law
Due Process
Writ of Certiorari
Habeas Corpus
the system of law that deals with private relations between m…
the fair treatment through the normal judicial system, especi…
madates that a lower court to deliver its record in a case so…
writ that is used for bringing a party who has been criminall…
Civil Law
the system of law that deals with private relations between m…
Due Process
the fair treatment through the normal judicial system, especi…
15 terms
Constitutional Law
Jurisdiction
Constitution
Amendment
Precedent
Court's legal authority act
The established form of government in a state; system of fund…
Alteration to something
Binding court decisions
Jurisdiction
Court's legal authority act
Constitution
The established form of government in a state; system of fund…
11 terms
CONSTITUTIONAL LAW
1ST AMENDMENT
2ND AMENDMENT
3RD AMENDMENT
4TH AMENDMENT
FREEDOM OF RELIGION, SPEECH, PRESS & ASSEMBLY
RIGHT TO BEAR ARMS
PROHIBITING QUARTING OF SOLDIERS IN PRIVATE HOMES
PROHIBITING UNLAWFUL SEARCHES AND SEIZURES; OF PERSONAL PROPE…
1ST AMENDMENT
FREEDOM OF RELIGION, SPEECH, PRESS & ASSEMBLY
2ND AMENDMENT
RIGHT TO BEAR ARMS
257 terms
Constitutional Law
The federal judicial power -15% of que…
The Federal Judicial Power - Art 3 Cou…
Standing
Standing... Injury
The structure of the Constitution's protection of individual…
1. Standing... 2. Ripeness... 3. Mootness... 4. The political question…
Standing is the issue of whether the plaintiff is the proper…
The plaintiff must allege and prove that he or she has been i…
The federal judicial power -15% of que…
The structure of the Constitution's protection of individual…
The Federal Judicial Power - Art 3 Cou…
1. Standing... 2. Ripeness... 3. Mootness... 4. The political question…
43 terms
Constitutional Law
Sherbert v. Verner
Employment Division v. Smith
Eperson v. Arkansas
Goldmen v. Weinburger
Was forced to choose between religion and benefits and this w…
The Supreme Court said that the free exercise clause neither…
A statute that forbade evolution from being taught was uncons…
Established that a different standard of judicial review is u…
Sherbert v. Verner
Was forced to choose between religion and benefits and this w…
Employment Division v. Smith
The Supreme Court said that the free exercise clause neither…
24 terms
Constitutional Law
Federal Judicial Power
Sovereign Immunity + S.C. Power
Federal Legislative Power
Federal Executive Power
Federal Judicial Power
Sovereign Immunity + S.C. Power
124 terms
Constitutional Law
Standing
4 requirements for standing
Injury
"Best" injury
Is P the proper party to bring a matter to the court
1. Injury ... 2. Causation and redressability ... 3. No third party…
P must allege and prove that he has been or imminently will b…
Economic injuries
Standing
Is P the proper party to bring a matter to the court
4 requirements for standing
1. Injury ... 2. Causation and redressability ... 3. No third party…
146 terms
Constitutional Law
Modalities of interpretation
Three functions of the constitution
Marbury v. Madison
Martin v. Hunter's Lessee
Textual - words of the con... Structural - how the con. fits tog…
Sets up limited enumerated powers... Article 1: sets out congres…
First decision to declare a federal law unconstitutional... Esta…
The supreme court has the power to review state court decisio…
Modalities of interpretation
Textual - words of the con... Structural - how the con. fits tog…
Three functions of the constitution
Sets up limited enumerated powers... Article 1: sets out congres…
Constitutional Law
Requirement for cases and controversies?
What is standing?
Standing requirements?
Injury?... *Standing
(1) Standing... (2) Ripeness... (3) Not moot... (4) Not political ques…
Issue of whether P is the proper party to bring a matter to t…
(1) Injury... (2) Causation and redressability... (3) No third part…
P must allege and prove that he/she has been injured or immin…
Requirement for cases and controversies?
(1) Standing... (2) Ripeness... (3) Not moot... (4) Not political ques…
What is standing?
Issue of whether P is the proper party to bring a matter to t…
17 terms
Constitutional Law
1st Amendment
2nd Amendment
Bill of Right
4th
Freedom of speech, religion
Right to bear arms
First 10 of the 37 Constitutional Amendments
...
1st Amendment
Freedom of speech, religion
2nd Amendment
Right to bear arms
32 terms
Constitutional Law
Final Judgment rule
Does Congress have police power?
What are the congressional powers?
Legislative veto
SC may hear cases only after there has been a final judgment…
There must be express or implied power.... No police power (on…
Police Power (M-I-L-D)... Necessary & Proper... Tax & Spending P…
when Congress attempts to overturn executive action w/o bicam…
Final Judgment rule
SC may hear cases only after there has been a final judgment…
Does Congress have police power?
There must be express or implied power.... No police power (on…
21 terms
Constitutional Law
First Amendment-freedom of press
Equal Protection Clause of the 14th am…
Rational Basis
Intermediate Scrutiny
The freedom of press is guaranteed by the 1st amendment. As w…
The Equal Protection Clause of the 14th Amendment prohibits s…
Where the law does not affect a suspect class nor implicate a…
substantially related to an important government purpose.
First Amendment-freedom of press
The freedom of press is guaranteed by the 1st amendment. As w…
Equal Protection Clause of the 14th am…
The Equal Protection Clause of the 14th Amendment prohibits s…
12 terms
constitutional law
Thomas Hobbes
John Locke
Socrates
Jean Jaque Rossoue
believed in social contract tgeory that appointes a king as s…
viewed government as a method of settling disputes among people
feared democracy (anarchy of the masses)
referred to the gov't as the organism
Thomas Hobbes
believed in social contract tgeory that appointes a king as s…
John Locke
viewed government as a method of settling disputes among people
66 terms
Constitutional Law
Judicial Powers [Procedural/"Threshold…
Judicial - Procedural/Threshold - Stan…
Judicial - Procedural/Threshold - Stan…
Judicial - Procedural/Threshold- Stand…
1. Ripeness... 2. Abstention & Adequate/Independent State Ground…
General rule: To have standing, a plaintiff must have a perso…
1. The plaintiff must have actually been or will imminently b…
1. The plaintiff must demonstrate the gov't caused the injury…
Judicial Powers [Procedural/"Threshold…
1. Ripeness... 2. Abstention & Adequate/Independent State Ground…
Judicial - Procedural/Threshold - Stan…
General rule: To have standing, a plaintiff must have a perso…
108 terms
CONSTITUTIONAL LAW
Requirements for cases and controversies
Standing requires what two elements?
A party has standing to assert a claim…
Taxpayers have standing to challenge g…
Standing... Ripeness... Not Moot
1. INJURY- the plaintiff must allege and prove that he has be…
They meet all of the standing requirements (injury and causat…
for violations of the Establishment Clause.... Except:... Taxpayers…
Requirements for cases and controversies
Standing... Ripeness... Not Moot
Standing requires what two elements?
1. INJURY- the plaintiff must allege and prove that he has be…
88 terms
Constitutional law
Justiciable
Case or controversy
Standing
Redressability
1. case or controversy, causality, redressability... 2. standing…
(1) interpretation of Constitution, federal laws, treaties an…
P has standing if can demonstrate concrete stake in outcome o…
Decision is capable of eliminating grievances
Justiciable
1. case or controversy, causality, redressability... 2. standing…
Case or controversy
(1) interpretation of Constitution, federal laws, treaties an…
137 terms
Constitutional Law
Declaration of Independence
What year were the Articles of Confede…
Seminal case for Judicial Review
Holding of Marbury v. Madison
justification for breaking the law under the circumstances of…
1777
Marbury v. Madison
The Supreme Court of the United States has the power, implied…
Declaration of Independence
justification for breaking the law under the circumstances of…
What year were the Articles of Confede…
1777
50 terms
Constitutional Law
city took warf without just compensation
dump in Miss. monopolize slaughterhous…
killed wife lover denied due process
moved away from fundamental principles…
Barron v Baltimore
Slaughterhouse v New Orleans
Hurtado v Cal.
Twining v NJ
city took warf without just compensation
Barron v Baltimore
dump in Miss. monopolize slaughterhous…
Slaughterhouse v New Orleans
49 terms
Constitutional Law
Marbury v. Madison
Ex parte McCardle
Muskrat v. United States
Baker v. Carr
Facts: President Jefferson's Secretary of State, Madison (D),…
Facts: McCardle (P) appealed from a denial of habeas corpus t…
Facts: Congress authorized an Indian tribe to bring suit to t…
Facts: The State of Tennessee failed to enact any reapportion…
Marbury v. Madison
Facts: President Jefferson's Secretary of State, Madison (D),…
Ex parte McCardle
Facts: McCardle (P) appealed from a denial of habeas corpus t…
101 terms
Constitutional Law
What are the Justiciability Doctrines?
What are the criteria to avoid being a…
What are the constitutional standing r…
What are the prudential standing requi…
1. Prohibition against advisory opinions... 2. Standing... 3. Ripen…
1. Must be actual dispute between adverse litigants.... 2. Ther…
1. Injury: Plaintiff must allege that she has suffered or imm…
1. Prohibition on Third-Party Standing: A party generally may…
What are the Justiciability Doctrines?
1. Prohibition against advisory opinions... 2. Standing... 3. Ripen…
What are the criteria to avoid being a…
1. Must be actual dispute between adverse litigants.... 2. Ther…
30 terms
Constitutional Law
Linda Bown
Alan Bakke
Ernesto Miranda
Dulree Mappe
(Brown v. Board of Education), with the Supreme Court ruling…
Allan Bakke, a white California man who had twice unsuccessfu…
Ernesto Miranda was an eighth-grade dropout who was charged i…
1961 ruling, the Supreme Court reversed Mapp's conviction and…
Linda Bown
(Brown v. Board of Education), with the Supreme Court ruling…
Alan Bakke
Allan Bakke, a white California man who had twice unsuccessfu…
22 terms
Constitutional Law
First Amendment
Second Amendment
Third Amendment
Fourth Amendment
Ensures freedom of: speech, religion, press, peaceful assembl…
Ensures right to keep and bear arms.
Forbids the forcible housing of military personnel in a citiz…
Protects citizens against unreasonable searches and seizures…
First Amendment
Ensures freedom of: speech, religion, press, peaceful assembl…
Second Amendment
Ensures right to keep and bear arms.
65 terms
Constitutional Law
Necessary and Proper Clause
Powers of Congress
Commerce Power
Test for States placing a burden on Co…
AI S8 C18: Congress can "make all Laws which shall be necessa…
1. Enumerated Powers... "raise armies"... 2. Implied Powers... "impl…
AI S8: "To regulate Commerce...among the several States"
1. Permission from Congress via legislation... 2. Legitimate loc…
Necessary and Proper Clause
AI S8 C18: Congress can "make all Laws which shall be necessa…
Powers of Congress
1. Enumerated Powers... "raise armies"... 2. Implied Powers... "impl…
Constitutional Law
How long does a Supreme Court Justice…
How many cases a year does the Supreme…
How many women serve on the Supreme Co…
Who is the Chief Justice of the Suprem…
For Life
about 80
3
John Roberts
How long does a Supreme Court Justice…
For Life
How many cases a year does the Supreme…
about 80
21 terms
CONSTITUTIONAL LAW
CONGRESS'S POWER to TAX and SPEND
what always fails under interstate com…
never the answer when you have a piece…
1.congress can tax and spend for the general welfare... 2. if th…
state cant pass laws that effects interstate commerce to prot…
the statute undue burden upon interstate commerce
CONGRESS'S POWER to TAX and SPEND
1.congress can tax and spend for the general welfare... 2. if th…
what always fails under interstate com…
state cant pass laws that effects interstate commerce to prot…
21 terms
Constitutional Law
Abington v. Schempp
Engel v. Vitale
Lee v. Weisman
Van Oren v. Perry
Reading of the Lord's Prayer and verses from the Bible in Pub…
Prayer, recited by public school children each morning, writt…
Invitation of clergy to give invocations and benedictions at…
Park in Texas state capital with 17 monuments and 21 historic…
Abington v. Schempp
Reading of the Lord's Prayer and verses from the Bible in Pub…
Engel v. Vitale
Prayer, recited by public school children each morning, writt…
113 terms
Constitutional Law
What are the four justiciability doctr…
What are the two rules for injuries?
What is the rule for causation and red…
What are the exceptions to the no-thir…
Standing, ripeness, mootness, political question.
Plaintiffs must assert injuries that they personally have suf…
The plaintiff must allege and prove that the defendant caused…
Close relationship between plaintiff and injured third party…
What are the four justiciability doctr…
Standing, ripeness, mootness, political question.
What are the two rules for injuries?
Plaintiffs must assert injuries that they personally have suf…
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