Federalism

                 is when the authority to govern is divided between two sovereigns or supreme lawmakers: the federal government and the states.

The Constitution divides power among the three branches of government and allocates specific powers to each branch to keep the other branches from dominating the government.

states that any state or local law that directly conflicts with the U.S. Constitution or federal laws or treaties is void.

the federal government can exclusively regulate an area within federal legislative jurisdiction.

grants the federal government the authority to pass regulations that significantly affect interstate commerce. Today it provides the basis for most federal government regulations.

clause prohibits states from passing laws that significantly interfere with interstate commerce.

Congress has the power to use taxes and spending for other purposes mentioned just generating revenue.

 states that in civil matters Courts in all states must uphold rights established by legal documents

states that Congress cannot pass laws that unreasonably interfere with existing contracts.

Freedom of Relgion

(Which Amendment?)

Freedom of Press

(Which Amendment?) 

Freedom of Speech

 (Which Amendment?)

the right to peaceful assembly

(Which Amendment?)

·         Individual speech

·         corporate political speech

·         corporate commercial speech

When the courts ask 'would the regulation of the speech directly advance the government interest' it is applying what test?

When the courts ask ' is the regulation more extensive than necessary to serve the government interest' they're applying what test?

Protects both corporations and individuals from unreasonable government search and seizures

(Which Admendment?) 

places resitrictions on warrents

(Which Admendment?) 

·         States a government cannot take an individual's life, liberty, or property without due process of law

     (which amendment?)

·         takings clause – states that if the government takes private property for public use (imminent domain) that must compensate the owner.

(which amendment?)

The right to not self-incriminate

(which amendment?)

       guarantees equal protection under the law

(which amendment?)

Applies the majority of the due process clause and includes the equal protection clause which is then applied to the states.

(which amendment?)

right to bear arms

(Which Admendement?)

protects citizens from quartering soldiers

( which amendment?)

Prohibition of double jeopardy

( which amendment?)

right to a speedy public trial 

( which amendment?)

right to know what you are accused of

( which amendment?)

the right to have witnesses in your defense

( which amendment?)

the right to know and confront the witnesses that accuse you

( which amendment?)

the right to have an attorney

( which amendment?)

the right of the accused to have a trial by jury

( which amendment?)

protects citizens against excessive bail

 ( which amendment?)

protects citizens against excessive fines

( which amendment?)

prohibits cruel and unusual punishment

( which amendment?)

provides that although the Bill of Rights name certain rights, such naming does not remove other rights retained by the citizens

( which amendment?)

provides that powers of the Constitution does not give to the federal government are reserved for the states

( which amendment?)

the state of incorporation

location of their main office

the geographic areas in which they conduct business

statues  enable the court to serve defendants outside of the state as long as the defendant has sufficient minimum contacts within the state and it seems fair to assert long larger restriction over him or her. 

Exclusive federal jurisdiction, state jurisdiction, concurrent federal jurisdiction.

What are the three levels of subject matter jurisdiction?

These are cases in which only the federal court system has the jurisdiction to hear.

The power of the state to hear any case that is not under exclusive federal jurisdiction.

 means that both state and federal courts have jurisdiction over a case.

Admirality Cases (Torts commited on the seas)

bankruptcy cases,

federal criminal prosecutions,

cases between states,

claims against United States as a nation,

federal patent, trademark, and copyright cases,

claims that involve federal statutes that specify exclusive federal jurisdiction.

Federal Question Cases

Diversity of Citzenship 

Usually the venue is the trial court where the defendant resides unless the complaint revolves around property in which the trial court were the property is located is also an appropriate venue.

What venues is usually chosen by the courts?

Standing 

Case or Controversy

Ripeness

What are the three threshold requirements that must be met in order for a court to hear a case?

 the threshold requirement that states there must be an adverse relationship between plaintiff and defendant, case must give rise to actual legal dispute, and the courts have the ability to render a decision that will resolve the dispute

the threshold requirement that states the judge's decision must be capable of affecting the parties immediately.

Informal Negotitions 

Pleadings 

Service of Process

Defendents Response 

Answer (if applicable)

What are the steps in the pretrial stage of the civil hearing? 

the plaintiff's attorney initiates a lawsuit by filing a complaint

is a judgment in favor of the plaintiff that occurs when the defendant fails to answer the complaint.

Request by a party for the case to be dismissed. 

Affirm 

Modify 

Reverse 

Remand