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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.