Term
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Definition
| The 2 part judicial test used to determine when conduct rises to the level of speech within the meaning of the 1st amendment. The person engaging in the conduct must have a specific meaning and the audience must understand it. |
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| Void for vagueness Doctrine |
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Definition
A statute or regulation is unconstitutional if it is so vague that a person of reasonable and ordinary intelligence would not know, from looking at its terms, what speech is allowed and what speech is prohibited.
It can't be so broad, that someone won't understand it.
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| ail and a fine. Found guilty or not guilty. Government vs the criminal. |
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| The typical cases are just damages, they end up paying a large fine. Private party vs. private party |
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| 4 options courts have when considering precedent |
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Definition
1. Accept/Follow
2. Modify/Update
3. Distinguish
4. Overrule |
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Term
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Definition
1. Common Law
2. Equity Law
3. Statutory Law
4. Constitutional Law
5. Executive orders and administrative rules |
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Term
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Definition
| "Let the decision stand." |
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Term
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Definition
| An established rule of law set by a previous case. Courts should follow precedent when it is advisable and possible. |
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Term
| The only 3 situations when when courts will usually overrule precedent. |
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Definition
| 1. factual knowledge and circumstances; social morals and values; and/or 3. judges/justices on the court. |
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Term
| Lawrence V Texas: overruling precedent |
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Definition
| Regarding anti sodomy..however, 17 years later there were social changes, legal changes. etc. |
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Term
| Difference between state and federal constitution |
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Definition
| state constitutions can give more and greater rights to their citizens than are provided under the U.S. Constitution; they cannot, however, reduce or roll back rights given by the federal Constitution. |
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Term
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Definition
| Rulings come in the form of judicial decrees, not in judgements of yes or no. equity are (and were) discretionary on the part of judges. And despite the fact that precedents are also relied upon in the law of equity, judges are free to do what they think is right and fair in a specific case. |
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Term
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Definition
| the first court to handle a legal dispute. In this court evidence is presented to determine the facts of the case and the trial judge applies the law to those facts. |
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Term
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Definition
| a panel of judges determines whether the court below made any errors in its application of the law and whether those errors warrant a different result. |
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Term
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Definition
| the party who initiates a civil lawsuit. |
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Term
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Definition
| The party against whom a legal remedy is sought is the defendant. |
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Definition
| the complaint is the initial court document filed by a plaintiff. It identifies the legal violation and requests a legal remedy. |
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Definition
| the defendant's formal legal response to a complaint |
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Definition
| The particular reason that causes the person to sue. There are some cases that have several causes. |
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Definition
| The common procedure for ending a lawsuit prior to the trial. |
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Definition
| The party that appeals a court judgement to a higher court is the appellant, also called the petitioner. |
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Definition
| The party against whom the appeal is made is the respondent, also called the appellee. |
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Term
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Definition
| the most common form of legal relief sought is damages (an award of money) |
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Definition
| a court order that a defendant act or refrain from acting in a particular manner. |
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Term
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Definition
| a judgement is the final decree of a court, which side "wins." They will usually affirm (uphold) or reverse (overturn) the judgement below. |
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Term
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Definition
| an opinion is an official, written explanation of the reasons behind the courts judgement. |
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Term
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Definition
| When the panel of judges cannot reach an agreement then the view is stated. |
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Term
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Definition
| the judges who agree with the final disposition, but for different reasons may write concurring opinions |
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Term
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Definition
| judges who disagree with the final outcome may write dissenting opinions |
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Term
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Definition
| The main trial court in the federal judicial system is the district court. at least one of these courts is located in every state. |
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Term
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Definition
| intermediate appellate court in the federal judicial judicial system. one step up from the district court |
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Term
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Definition
| an order uses to indicate which cases the court will hear on appeal. |
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Term
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Definition
| . Rulings come in the form of ees, equity are (and were) discretionary on the part of judges. And despite the fact that precedents are also relied upon in the law of equity, judges are free to do what they think is right and fair in a specific case. |
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Term
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Definition
| at least 4 justices of the united states supreme court must agree to hear a case before a petition of a writ of cert will be granted. |
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Term
| How many cases of writ of cert are granted today? |
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Definition
| only 75 to 85 cases a year are accepted |
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Term
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Definition
| In some important cases "friends of the court" are allowed to present briefs and to participate in oral arguments for 30 mins. |
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Term
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Definition
| in which 5 justices cannot agree on a single majority opinion of the court . there is no opinion of the court that is joined by more justices than any other opinion, but that is joined by more justices than any other opinion in the case. |
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Term
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Definition
| This is an unsigned opinion drafted by one of the members of the majority and published as the courts opinion. they are not common nor rare. |
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Term
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Definition
| announces the vote without giving an opinion. |
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Term
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Definition
| Community censorship does not mean censorship or punishment imposed by the government, but rather the silencing of speech by private people or business entities, often as a result of pressure exerted by political activists, public interest groups and economic stakeholders. It amounts to self-censorship, not government censorship |
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Term
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Definition
| when a crowd or audience’s reaction to a speech or message is allowed to control and silence that speech or message. For example, during town hall meetings when senators attempted to talk about the health care law and nearly turned into a hecklers veto. |
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Term
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Definition
| You cannot have freedom of speech only based on what you like and don't like. There is viewpoint neutrality in freedom of speech. |
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Term
| Creation and development of the first amendment |
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Definition
| Apparently the first amendment is first because it is the most important, even though it was third at first. it was created in 1781 and has not been changed since then. |
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Term
| Original intent of the first amendment |
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Definition
| To enlarge or narrow that defi nition requires another vote of the people, a constitutional amendment. This notion is referred to today as “original intent” of the Constitution; that is, if we knew the meaning intended by the framers of the 1st amend, then we would know what it means today. |
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Term
| Relationship between the supreme court and the 1st amendment |
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Definition
| The first amendment today means what the supreme court says it is supposed to mean. There are nine justices in the supreme court. |
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Term
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Definition
| "no law." the government cannot censor the press for any reason, no exceptions. |
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Term
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Definition
| "no law." the government cannot censor the press for any reason, no exceptions. |
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Term
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Definition
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Term
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Definition
| state, local, federal made law |
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Definition
| State law. The state can only grant you more powers and freedom, but never take away. |
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Term
| (IIED) Intentional Infliction of emotional distress |
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Definition
| the tort was created for a limited purpose to allow recovery in those rare instances in which a defendant intentionally inflicts severe emotional distress in a manner so unusual that the victim has no other recognized theory of redress. |
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Term
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Definition
| The defendant’s conduct was intentional or reckless. ❚ The defendant’s conduct was extreme and outrageous. ❚ The defendant’s conduct caused the plaintiff emotional distress. ❚ The emotional distress was severe. |
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