Constitutional Law and Legal Procedures

Vocabulary flashcards covering civil trial procedures, constitutional governance, the Commerce Clause, First Amendment religious freedom clauses, free speech exceptions, defamation, and regulatory standards.

Motion for Summary Judgment

A motion asserting that there are no factual disputes to be decided by the jury, requesting the judge to apply the relevant law to undisputed facts supported by affidavits, documents, or depositions beyond the pleadings.

Judgment Notwithstanding the Verdict (JNOV)

An entry of judgment where the court overturns a jury's verdict due to bias or jury misconduct.

Separation of Powers

A constitutional system of separate institutions sharing powers, making each branch of government partly dependent on the others to safeguard liberty.

Effects on Interstate Commerce Test

A legal test holding that any local (intrastate) activity having an effect on interstate commerce is subject to federal regulation by Congress.

Dormant Commerce Clause

A rule stating that in the absence of congressional action, state or local governments may regulate local aspects of interstate commerce only if the regulation does not discriminate against out-of-state competition and is not unduly burdensome.

Establishment Clause

A First Amendment clause directing that 'Congress shall make no law respecting an establishment of religion…', prohibiting preferred connections between government and religion or aid to one religion over another.

Free Exercise Clause

A First Amendment provision protecting an individual's freedom to believe and practice their religion without governmental interference, subject to general laws regulating conduct.

Employment Division of Oregon v. Smith (1990)

A Supreme Court decision holding that states may enforce general laws that have the incidental effect of interfering with religious practices, such as denying unemployment benefits for peyote use.

Brandenburg v. Ohio (1969)

A Supreme Court decision establishing that speech advocating illegal action cannot be punished unless there is an apparent likelihood that the words will trigger imminent lawlessness.

Fighting Words

Narrowly defined, unprotected speech that by its very utterance inflicts injury or tends to incite an immediate breach of the peace through a direct tendency to cause violence by the addressee.

True Threats

Unprotected statements where the speaker communicates a serious expression of intent to commit an unlawful act of violence.

Miller v. California (1973)

A Supreme Court case defining obscenity using a three-part community standards test evaluating prurient interest, patently offensive sexual depiction, and lack of serious literary, artistic, political, or scientific value.

New York Times v. Sullivan (1964)

A Supreme Court ruling establishing that public figures in defamation suits must prove actual malice in addition to falsity and actual damage.

Actual Malice

The legal requirement for a public figure to prove defamation, defined as making a false statement with knowledge of its falsity or reckless disregard for the truth.

Commercial Speech

Expression related to commercial transactions that the government may regulate or prohibit if it is false, misleading, deceitful, or promotes an unlawful transaction.

Time, Place, and Manner (TPM) Restrictions

Content-neutral rules regulating the circumstances around speech, valid if they are narrowly tailored to serve a significant government interest and leave open alternative channels for expression.