Alternative Dispute Resolution and Constitutional Law Overview

Mandatory Arbitration Panel

Typically consists of three legal professionals.

Commerce Clause

Federal power to regulate interstate and foreign commerce.

Intrastate Commerce

Business activity confined within a single state.

State Police Power

State's responsibility for citizen safety and welfare.

Dual Regulation

Coexistence of federal and state laws on business.

Undue Burden

State law that excessively restricts interstate commerce.

Discrimination

State law favoring in-state over out-of-state businesses.

Apportionment

Fair taxation based on business activity in the state.

Dormant Commerce Clause

State laws evaluated for impact on interstate commerce.

Court Packing Scheme

FDR's attempt to increase Supreme Court justices.

Federal Regulation

Laws governing business activities at the national level.

Exclusive Federal Power

Federal authority over certain national business activities.

Exclusive Local Power

State authority over entirely intrastate business activities.

Writ of Habeas Corpus

Legal order to bring a prisoner before a judge.

Federal Statute

Law enacted by the federal government.

Apportionment Formula

Determines business activity's state-related income portion.

Nexus

Connection justifying a state's right to tax.

Taxable Situs

Location where business activities are taxed.

Balancing Test

Weighs individual rights against societal needs.

Incorporation

Applies Bill of Rights to state actions.

Free Exercise

Right to practice religion without government interference.

Establishment Clause

Prohibits government from favoring one religion.

Wall of Separation

Separation between church and state activities.

Prior Restraints

Preventing publication before it occurs.

Libel

Defamation through written or published statements.

Actual Malice

Knowledge of falsehood in defamation cases.

Symbolic Speech

Non-verbal actions expressing political views.

Commercial Speech

Speech promoting commercial interests or products.

Obscene Speech

Material lacking protection due to community standards.

Miller Test

Criteria for determining if material is obscene.

Prior Restraint Doctrine

Legal principle against pre-publication censorship.

Government Justification

Reasoning required for restricting fundamental rights.

Time, Place, Manner Restrictions

Regulations on when and where speech occurs.

Obscenity

Material deemed offensive or inappropriate by law.

No Prior Restraint

Prevents government from restricting speech before publication.

Fourteenth Amendment

Protects against state actions infringing on rights.

Substantive Due Process

Legislation must be fair with compelling justification.

Procedural Due Process

Entitlement to notice and fair hearing before actions.

Equal Protection

Mandates equal treatment under the law for all.

Minimum Rationality

Standard requiring rational basis for laws.

Quasi-Strict Scrutiny

Intermediate review for laws affecting gender discrimination.

Strict Scrutiny

Highest review standard for laws infringing fundamental rights.

Affirmative Action

Policies to enhance diversity in education or employment.

State as Plaintiff

Government represents society in criminal prosecutions.

Reasonable Restrictions

Limits on rights based on time, place, and manner.

Horrendous Acts

Serious crimes still allow for bail rights.

Rationale for Regulation

Government must justify actions affecting freedoms.

Disruptive Behavior

Actions that interfere with school or public order.

Impartial Hearing

Fair process ensuring unbiased decision-making.

Felonies

Serious crimes with potential jail time over a year.

Bill of Information

Formal charge initiating misdemeanor prosecution.

Mens Rea

Intent to engage in criminal behavior.

Actus Rea

Actual commission of a criminal act.

Conspiracy

Planning a crime without completing it.

Fourth Amendment

Protects against unreasonable searches and seizures.

Plain View Doctrine

Allows search without a warrant if evidence is visible.

Emergency Exception

Allows search without warrant for public safety.

Incidental to Arrest

Search allowed during lawful arrest.

Civil Liability

Legal responsibility for causing harm to another.

Simple Majority

More than half of votes needed for decision.

Screening Process

Evaluation of evidence to determine trial necessity.

Exclusionary Rule

Illegally obtained evidence cannot be used in court.

Good Faith Exception

Evidence admissible if officers acted with honest mistake.

Inevitability Rule

Evidence admissible if search would have occurred anyway.

Double Jeopardy

Cannot be tried twice for the same crime.

Sixth Amendment

Guarantees right to a fair trial and legal counsel.

Subpoena

Court order requiring witness to appear in court.

Assistance of Attorney

Right to legal representation at state's expense.

Larceny

Theft without violence; intent to permanently deprive.

Grand Larceny

Theft defined by the property's value.

Secured Debt

Debt backed by collateral assets.

Unsecured Debt

Debt not backed by collateral.

Express Preemption

Congress explicitly states intent to override state law.

Implied Preemption

Conflict or pervasive regulation indicates federal dominance.

Bicameral Legislature

Two-chamber Congress: House and Senate.

Article I

Establishes legislative branch of government.

Article II

Establishes executive branch of government.

Key Takeaway

Constitution outlines government structure and limitations.

Creditors

Entities owed money by debtors.

Medical Claims Fraud

Submitting false claims for medical reimbursement.

Police Powers

States' authority to regulate for public health and safety.

First Amendment

Protects freedoms of religion, speech, press, assembly, petition.

Free Exercise Clause

Protects individuals' rights to practice their religion freely.

Equal Protection Clause

Mandates equal protection under the law for all individuals.

Political Speech

Speech related to politics, deserving of maximum protection.

Intermediate Scrutiny

Standard for gender discrimination cases requiring important justification.

Minimal Scrutiny

Lowest standard of review for non-suspect classifications.

Prior Restraint

Government action preventing speech before it occurs.

Public Injuries

Crimes that are considered offenses against society.

Rational Basis Test

Standard for evaluating laws that affect non-fundamental rights.

Actus Reus

The actual criminal act committed by the defendant.

6th Amendment

Guarantees right to an attorney in criminal proceedings.

5th Amendment

Protects against self-incrimination during legal questioning.

8th Amendment

Prohibits cruel and unusual punishment in sentencing.

4th Amendment

Protects against unreasonable searches and seizures.

Automobile Exception

Allows search of a lawfully stopped vehicle.

Retribution

Punishment aimed at exacting revenge for a crime.

Deterrence

Punishment intended to prevent future crimes.

White-Collar Crime

Nonviolent crimes for financial gain, often deceptive.

Money Laundering

Processing illegal funds through legitimate businesses.