type of speech not protected by 1st amendment

fighting words, speech that harms the good reputation of others, defamatory speech, threatening speech, obscene speech

Intermediate Scrutiny

A constitutional test used in legal cases to determine if a law that discriminates based on gender or legitimacy is justified by an important governmental interest. It requires the law to be substantially related to that interest.

3 basic things for valid complaint

jurisdiction, standing, venue

Inpersonam Jurisdiction

The authority of a court to hear cases against specific individuals, allowing for personal jurisdiction over the parties involved.

standing

The legal right to initiate a lawsuit, demonstrating sufficient connection to and harm from the law or action challenged.

how cases move up chain

state trial court > intermediate appellate court > state supreme court

Federal Court Order

US District Courts>US Courts of appeals> United States Supreme Court

cases exclusive to state courts

Legal matters such as family law, probate, and state criminal cases that cannot be adjudicated in federal courts.

cases exclusive to federal courts

federal crimes, federal antitrust law, bankruptcy, patents, copyrights, trademarks, suits against the US, some areas of admiralty law

deposition

testimony of a party to a lawsuit or of a witness taken under oath before a trial, can be used against a witness in court to impeach ( find inconsistencies in story)

Interrogatory

series of written questions for which written answers are prepared and then signed under oath by a party to a lawsuit, usually with the assistance of the party’s attorney supposed to gain accurate information

Direct Examination

examination of a witness by the attorney who calls the witness to the stand at trial to testify on behalf of the attorney’s client

cross examination

the questioning of an opposing witness during a trial

Assumption of Risk

a defense against negligence that can be used when the plaintiff was aware of a danger and voluntarily assumed the risk of injury from that danger

Comparative Negligence

theory in tort law under which the liability for injuries resulting from negligent acts is shared by all parties who were negligent on the basis of each person’s negligence

Larceny

The wrongful taking and carrying away of another person’s personal property with the intent to permanently deprive the owner of the property

Forgery

The fraudulent making or altering of any writing in way that changes the legal rights and liabilities of another

Strict Scrutiny

highest and most stringent standard of judicial review used by courts in the United States to evaluate the constitutionality of government actions and laws

Intermediate Scrutiny

Intermediate scrutiny is a middle-tier legal test used by courts to decide if a government law or action is constitutional

Rational Basis Test

the most lenient judicial review standard used by U.S. courts to check if a law or government action is constitutional