Untitled Flashcards Set

Constitutional Law

Supreme law of the land; U.S. Supreme Court has final interpretation.

Statutory Law

Laws enacted by legislatures, addressing broad societal issues.

Black Letter Law

Clear, unambiguous rules.

Administrative Law

Rules from government agencies (e.g., FCC, EPA).

Executive Actions

Orders from the president, including executive orders and appointments.

Common Law

Judge-made law based on precedents (Stare Decisis).

Law of Equity

Preventative or remedial actions (e.g., Temporary Restraining Orders).

Court Citation Format

Example: Adderly v. Smith, 385 US 39 (1966) - Adderly = Plaintiff, Smith = Defendant.

Appeals

Constitutional right to 1 appeal; grounds include violated rights or unconstitutional laws.

Amicus Brief

A 'friend of the court' brief.

De Novo

New evidence at the appellate level.

En Banc

Full appellate court hears the case.

Writ of Certiorari

Petition to the Supreme Court to hear a case (requires 4/9 justices).

Moot

Ruling no longer relevant to the case.

Remand

Send case back to lower court with new guidance.

Majority Opinion

Court's decision.

Concurring Opinion

Agrees with majority, different reasoning.

Dissenting Opinion

Disagrees with majority.

Per Curiam

Unsigned opinion based on briefs alone.

Shadow Docket

Court motions/orders that haven’t reached final judgment.

First Amendment

Protects speech, religion, press, assembly, and petition.

Fifth Amendment

Protects against prior restraint, self-incrimination, and double jeopardy.

Sixth Amendment

Right to a speedy, public trial.

Fourteenth Amendment

Protects against state deprivation of life, liberty, or property without due process.

Judicial Review

Established in Marbury v. Madison, allowing courts to strike down unconstitutional laws.

Common Law

Judge-made law based on precedent, especially at the state level.

Jurisdiction

Authority of a court to hear a case, includes general and specific jurisdiction.

Due Process

Ensures fair application of law and judicial process.

Voir Dire

Jury selection process (questioning potential jurors).

Tort Law

Deals with civil wrongs and compensation.

Strict Liability

Plaintiff doesn't need to prove fault in certain cases (e.g., product liability).

Fighting Words

Words that provoke immediate violence.

True Threats

Speech intended to intimidate or threaten.

Hate Speech

Offensive speech directed at individuals or groups.

Symbolic Speech

Non-verbal expression (e.g., flag burning).

Clear and Present Danger

A test for limiting speech, later evolved into the Incitement Test.

Marbury v. Madison

Established Judicial Review, allowing courts to strike down unconstitutional laws.

Near v. Minnesota

Prior restraint is generally unconstitutional.

Gitlow v. New York

First case applying First Amendment protections to the states.

Strict Scrutiny

Government must use the least restrictive means to advance a compelling interest.

Compelling Interest

Government's interest must relate to core constitutional functions.

Intermediate Scrutiny

Speech may be restricted if it advances an important government interest unrelated to speech.

O'Brien Test

Used for Intermediate Scrutiny: unrelated to suppression of speech, advances an important interest.

Texas v. Johnson

Flag burning protest; protected form of symbolic speech under the First Amendment.

R.A.V. v. City of St. Paul

Unconstitutional content-based regulation of speech targeting specific categories of 'fighting words'.

Hazelwood School District v. Kuhlmeier

Schools can censor student publications but not college/university press.

Miami Herald v. Tornillo

Newspapers have stronger First Amendment rights than other media.

Virginia v. Black

States can criminalize cross burning only with intent to intimidate.

Citizens United v. FEC

Corporations can spend unlimited money in elections, striking down parts of BCRA.

303 Creative LLC v. Elenis

First Amendment protects a designer’s right to refuse service based on beliefs.

Counterman v. Colorado

Subjective understanding of the threat required to prove a 'true threat.'

Obscenity

Not protected by the First Amendment if declared obscene.

Indecency

Term applied by the FCC to regulate broadcast content.

Pornography

Generic term; regulated, not illegal unless involving child pornography.

Prurient Interests

Lustful thoughts or desires.

Patently Offensive

Explicit sexual conduct.

Sexting

Sending explicit images of minors; illegal.

DeepFakes

Manipulated visuals, typically malicious.

Sextortion

Threatening to expose private material unless favors or images are provided.

Regina v. Hicklin

The first case addressing obscenity, used the 'Hicklin Test'.

Roth v. US & Alberts v. California

Obscenity judged by the average person, work judged as a whole.

Miller v. California

SLAPS Test for defining obscenity based on average person and community standards.

Comstock Act

Made mailing obscene material illegal.

Child Protection Acts

Laws to regulate and prevent child sexual exploitation and pornography.

Ashcroft v. Free Speech Coalition

Struck down law banning virtual child pornography.

Stanley v. Georgia

Private possession of obscene material for personal use is protected.

Young v. American Mini Theaters

Zoning ordinances restricting adult businesses near sensitive areas are constitutional.

Reno v. ACLU

Struck down the Communications Decency Act; internet deserves highest protection.

Brown v. Entertainment Merchants Association

Government cannot ban violent video games for minors.

U.S. v. Williams

Upheld the PROTECT Act criminalizing the advertisement of child pornography.