Exam 1 Study Sheet: Key Legal Concepts

Constitutional Law

The 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) that courts often defer to.

Common Law

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

Law of Equity

Preventative or remedial actions, such as Temporary Restraining Orders.

Court Citation Format

The format for citing court cases, e.g., Adderly v. Smith, 385 US 39 (1966).

Amicus Brief

A 'friend of the court' brief submitted to advise the court.

Writ of Certiorari

A petition to the Supreme Court to hear a case, requiring 4 out of 9 justices.

Judicial Review

The ability of courts to strike down unconstitutional laws, established in Marbury v. Madison.

First Amendment

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

Fifth Amendment

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

Sixth Amendment

Guarantees the right to a speedy and public trial.

Fourteenth Amendment

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

Voir Dire

The process of jury selection involving questioning potential jurors.

Strict Liability

A legal doctrine holding a party liable without proof of fault in certain cases.

Fighting Words

Words that provoke immediate violence and are not protected by the First Amendment.

Symbolic Speech

Non-verbal expression protected by the First Amendment (e.g., flag burning).

Texas v. Johnson (1989)

Case that ruled flag burning as protected symbolic speech under the First Amendment.

R.A.V. v. City of St. Paul (1992)

Case ruling unconstitutional a city ordinance targeting specific categories of fighting words.

Obscenity

Legally defined; not protected by the First Amendment if declared obscene.

The Miller Test

Criteria for obscenity; considers average person's standards and serious value.

Comstock Act (1873)

An act making the mailing of obscene material illegal.

Near v. Minnesota (1931)

Court ruling against prior restraint, establishing that press cannot be censored in advance.

Prurient Interests

Lustful thoughts or desires that legal standards may consider in defining obscenity.