ch 1 and 2 crossword

unable to petition by blocking a major highway or emergency room

time place manner restrictions

beyond a reasonable doubt

criminal burden

“the power of Congress to promote interstate commerce also includesthe power to regulate the local incidents thereof, including localactivities in both the states of origin and destination, which mighthave a substantial and harmful effect upon that commerce.”

heart of atlanta motel case

spoken false statements that damage a persons reputation

slander

must be substantial evidence that the majority of consumers weremisled.

false advertising

government can’t tell you how to practice your religion. If a law is“neutral” and “generally applicable,” then it (usually) doesn’t violate

free exercise clause

military combat, football players, boxers, ice hockey spectator

assumption of risk

held that the labels were protected as commercial speech under theFirst Amendment of the United States Constitution - restriction wenttoo far

bad frog brewery case

United States Congress shall have power "to regulate Commerce withforeign Nations, and among the several States, and with the IndianTribes".

commerce clause

written law of the land - must be adhered to - Nuremberg trial - " Iwas just following orders."

positive law

business can’t deliberately provide false or inaccurate information &claim freedom of speech as a defense

commercial speech

person who brings the action in a criminal proceeding

prosecutor

government can’t tell you what religion to practice, and that theycan’t favor one religion over another.

establishment clause

Whenever a plaintiffs cause of action is based, at least in part, on theUS Constitution, a treaty, or federal law - any controversy over $75kwhere parties have diversity of citizenship

federal jurisdiction

a principle or rule established in a previous legal case relevant to acourt

stare decisis

no real monetary loss

nominal damage

The statute must not result in an "excessive governmententanglement" with religious affairs. (also known as the EntanglementProng) The statute must not advance or inhibit religious practice (alsoknown as the Effect Prong) The statute must have a secularlegislative purpose. (also known as the Purpose Prong)

lemon test

ACCEPTABLE – exaggeration- EX:dogs saying, “Bacon”

puffery

failure of an injured plaintiff to act prudently, considered to be afactor in the injury suffered, and sometimes reducing the amountrecovered from the defendant.

contributory negligence

By a preponderance of the evidence

civil burden

a state must justify restrictions on truthful, non-misleadingcommercial speech by demonstrating that its restrictions "directlyadvance" a substantial state interest and are no more extensivethan necessary to serve that interest.

central hudson test

states cannot pass laws that prevent or discriminate againstinterstate commerce

dorment commerce clause

HADLEY V BAXENDALE

time is of the essence

The national government had the exclusive power to regulateinterstate commerce. Ruling expanded power of government tocontrol interstate commerce.

gibbons v ogden

Martin Luther king fighting for civil rights- provide criteria forjudging actions. It might be that the criterion is simple, such asright actions maximize the good

natural law

Was the speech directed at another and likely to provoke a violentresponse?

fighting words

The settling of a dispute by submitting it to a disinterested thirdparty (other than a court), who renders a decision

arbitration

Jim Crow, North Korea, Nazi Germany

law v justice