Untitled Flashcards Set

Exam 1 Study Sheet: Key Legal Concepts

Sources of Law:

1. Constitutional Law:

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

   • Article 3 establishes the court system.

2. Statutory Law:

   • Laws enacted by legislatures, addressing broad societal issues.

   • Found in code books, examples include criminal laws.

   • Black Letter Law: Clear, unambiguous rules.

3. Administrative Law:

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

   • Courts often defer to the expertise of agencies.

4. Executive Actions:

   • Orders from the president, including executive orders and appointments.

5. Common Law:

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

   • Judges may modify, distinguish, or overrule precedents.

6. Law of Equity:

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

   • Originated to provide remedies where common law was insufficient.

Court System & Procedures:

1. Court Citation Format:

   • Example: Adderly v. Smith, 385 US 39 (1966)

     • Adderly = Plaintiff, Smith = Defendant

     • 385 = Volume, 39 = Page, 1966 = Year.

2. Appeals:

   • Constitutional right to 1 appeal.

   • Appeal grounds: Violated constitutional rights, unconstitutional law, overbroad laws.

3. Court Terminology:

   • Amicus Brief: A "friend of the court" brief.

   • De Novo: New evidence at appellate level.

   • En Banc: Full appellate court hears 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.

4. Court Opinions:

   • 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.

Constitutional Amendments:

1. First Amendment:

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

   • Restrictions can apply in specific settings (e.g., schools, workplaces).

2. Fifth Amendment:

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

3. Sixth Amendment:

   • Right to a speedy, public trial.

4. Fourteenth Amendment:

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

Judicial Review & Case Law:

1. Judicial Review:

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

2. Common Law:

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

   • Courts use statutory construction when the statute is unclear.

3. Jurisdiction:

   • General Jurisdiction: Court can hear a wide range of cases.

   • Specific Jurisdiction: Court has authority based on the defendant's activities in the jurisdiction.

4. Due Process:

   • Ensures fair application of law and judicial process.

Criminal Law Classifications:

1. Crimes Against the Person:

   • Murder, manslaughter.

2. Crimes Against Habitation:

   • Burglary, arson.

3. Crimes Against Property:

   • Theft, larceny.

4. Crimes Against Morality & Decency:

   • Vagrancy.

5. Crimes Against Public Safety:

   • Nuisance laws.

Legal Terms & Definitions:

1. Voir Dire:

   • Jury selection process (questioning potential jurors).

2. Tort Law:

   • Deals with civil wrongs and compensation.

3. Motion to Dismiss:

   • Request to reject a case because of insufficient grounds.

4. Strict Liability:

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

Freedom of Speech:

1. Not All Speech is Protected:

   • 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).

2. Clear and Present Danger:

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

Important Case Laws:

1. Marbury v. Madison (1803):

   • Established Judicial Review—courts can strike down unconstitutional laws.

2. Near v. Minnesota (1931):

   • Prior restraint is generally unconstitutional.

3. Gitlow v. New York (1925):

   • First case applying First Amendment protections to the states.

First Amendment: Key Court Cases & Concepts Study Sheet

Important Prior Restraint Cases:

• Pentagon Papers (New York Times v. US): Press freedom vs. government secrecy, established limitations on prior restraint.

• Near v. Minnesota (1931): Prior restraint is generally unconstitutional, press cannot be censored by the government in advance.

Content-Based Laws:

1. Strict Scrutiny:

   • Government must use the least restrictive means to advance a compelling interest (highest priority constitutional concerns).

2. Compelling Interest:

   • The government’s interest must relate to core constitutional functions or vital societal concerns.

3. Intermediate Scrutiny:

   • Speech may be restricted only if it advances an important government interest unrelated to speech, while restricting speech as little as possible.

O'Brien Test (Used for Intermediate Scrutiny):

• Unrelated to suppression of speech

• Advances an important government interest

• Narrowly tailored to achieve the interest.

Key Supreme Court Cases:

1. Texas v. Johnson (1989):

   • Facts: Flag burning protest at the 1984 Republican National Convention.

   • Outcome: Flag burning is a protected form of symbolic speech under the First Amendment.

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

   • Facts: Cross burning as hate speech.

   • Outcome: Unconstitutional content-based regulation of speech (city ordinance targeting specific categories of "fighting words").

3. Hazelwood School District v. Kuhlmeier (1988):

   • Facts: High school principal censored student newspaper.

   • Outcome: Schools can censor student publications, but not college/university press.

4. Miami Herald v. Tornillo (1974):

   • Facts: Newspaper refusal to publish a reply to political criticism.

   • Outcome: Newspapers have stronger First Amendment rights than other media, cannot be forced to publish replies.

5. Virginia v. Black (2003):

   • Facts: Cross burning law challenged in Virginia.

   • Outcome: States can criminalize cross burning only with intent to intimidate.

6. Citizens United v. FEC (2010):

   • Facts: Citizens United wanted to air an anti-Hillary Clinton film, challenged restrictions on corporate political spending.

   • Outcome: Supreme Court ruled corporations and unions can spend unlimited money in elections, striking down parts of BCRA.

7. 303 Creative LLC v. Elenis (2023):

   • Facts: A Christian web designer refused to make wedding websites for same-sex couples.

   • Outcome: First Amendment protects the designer’s right to refuse service based on beliefs.

8. Counterman v. Colorado (2023):

   • Facts: Repeated "creepy" Facebook messages considered a "true threat."

   • Outcome: The court ruled that a subjective understanding of the threat is required to prove a "true threat."

Key Legal Terminology:

• Obscenity: Legally defined; not protected by First Amendment if declared obscene.

• Indecency: Term applied by the FCC to regulate broadcast content.

• Pornography: Generic term (not a legal term); regulated, but not illegal unless it involves 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 sexual favors or images are provided.

Obscenity and Related Cases:

1. Regina v. Hicklin (1868):

   • Significance: The first case addressing obscenity, used the “Hicklin Test” — isolated passages harmful to children.

2. Roth v. US & Alberts v. California (1957):

   • Roth Test: Obscenity is judged by the average person; work must be judged as a whole, must lack redeeming social importance.

3. Miller v. California (1973):

   • SLAPS Test: Obscenity defined by average person, contemporary community standards, prurient interests, patently offensive content, and lacking Serious Literary, Artistic, Political, or Scientific (SLAPS) value.

Pornography Legislation:

1. Comstock Act (1873): Made the mailing of obscene material illegal.

2. Child Protection Acts (1977, 1990, 1996, etc.): Series of laws to regulate and prevent child sexual exploitation and pornography.

3. Ashcroft v. Free Speech Coalition (2002): Struck down the law banning virtual child pornography.

Other Key Court Cases:

1. Stanley v. Georgia (1969): Private possession of obscene material for personal use is protected.

2. Young v. American Mini Theaters (1976): Zoning ordinances restricting adult businesses near sensitive areas (churches, schools) are constitutional.

3. Reno v. ACLU (1997): Struck down the Communications Decency Act; Internet communications deserve the highest First Amendment protection.

4. Brown v. Entertainment Merchants Association (2011): Government cannot ban violent video games for minors.

5. U.S. v. Williams (2008): Upheld the PROTECT Act criminalizing the advertisement of child pornography, even if not explicitly depicting children.

Review Questions:

1. First Amendment Executive Action: Examples of federal court appointments.

2. Court Citation: "Fed Supp" refers to a decision from the Federal District Court.

3. Federalist Views: Hamilton supported a strong federal government, while Madison supported state rights.

4. First Obscenity Statute: Comstock Act.

5. First Amendment Protection for Press: Near v. Minnesota ruled prior restraint is usually unconstitutional.