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Definition
| A Court order from a superior court demanding the records of a particular case from an inferior court. |
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| Diversity of Citizenship Action |
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Definition
| A civil action in which the parties are members of different states. The U.S. Constitution allows federal courts to hear the case even if it is of one state law, as long as the amount of the controversy doesn't exceed $75,000 |
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| The party who brings the lawsuit |
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| The party whom the lawsuit is brought |
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| A legal authority that must be followed absent a sound legal base for variance, which are previous cases that are on the same point of law. |
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| "Let the decision stand". Saying that the courts will follow the precedent established by a previous court as long as the facts of the case are substantially the same. |
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| To send back to a lower court for further proceedings, usually based upon the findings of the higher court. |
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| "Friend of the court", a person or organization, company or government that provides information to a court in the form of a brief, who is not a party in the case that's being litigated. |
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| Concurrence (Concurring opinion) |
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Definition
| An opinion that agrees with the courts disposition of a case but, it is written to express a particular judges reasoning. |
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| Dissent (Dissenting opinion) |
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Definition
| An opinion that disagrees with the courts disposition of a case |
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| An opinion "by the court", that is, it is an unsigned opinion |
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| A session in which the entire court, rather than a panel hears and participates in the determination of a case |
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| "Judge Made Law" , an established rule of law created by a previous court decision. |
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| When judges use the principle of "fairness" rather than the precedent. |
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| Popularly elected bodies enact laws for the common good. |
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| U.S. Constitution, other laws must be consistent with the U.S. Constitution. |
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| Made by regulatory agencies to deal with complex, technical issues. |
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Definition
| Find facts and apply the law. |
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| Only decide questions of law. (intermediate appellate courts and supreme courts) |
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| Statutory or written law that defines rights or duties. |
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| Comprises the rules by which a court hears and determines what happens in a civil, criminal or administrative proceeding. |
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| Who is protected by the First Amendment? |
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Definition
| Protects the rights of all people but, there are limitations with age. |
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Term
| The Strict Scrutiny Test (describe it) |
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Definition
| 1) Is there a compelling government interest. if yes, 2) is the regulation narrowly tailored. if yes 3) The regulation is constitutional. |
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| Intermediate Scrutiny (what test name, describe it) |
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Definition
| The O'Brien Test. 1) is the gov. regulation within the constitutional power of the government? if yes 2) Does the regulation further an important or substantial gov. interest? if yes, 3)is the interest unrelated to the suppression of free expression? if yes 4) is the incidental restriction of free expression no greater than is essential to the furtherance of the stated governmental interest? if yes, the regulation is constitutional. |
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Definition
| Saying anything bad about the government (enforceable by the courts) |
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Definition
| Restrictions on expression before publication or broadcast, preventing the expression from occurring |
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| Post Publication Punishments |
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Definition
| Punishments for work that is already published. |
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Term
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Definition
| If the expression had a tendency to cause harm then it could be prevented and/or punished. |
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Term
| Clear and Present Danger Test |
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Definition
A clear and present danger of
bringing about substantive evils that Congress
has the power to prevent. |
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Term
| When do courts apply strict scrutiny? |
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Definition
| when a regulation is aimed at restricting expression or is a content based restriction affecting fully protected expression. |
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Term
| When do courts apply intermediate scrutiny? |
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Definition
| If the regulation is not aimed at suppressing expression or is content-neutral or affects less protected speech. |
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Term
| When will the regulation be held constitutional for Strict Scrutiny? |
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Definition
1) There is a COMPELLING governmental interest.
2) The regulation is narrowly tailored and had the LEAST restrictive means to achieve the goal. |
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Term
| When will the regulation be held constitutional for Intermediate Scrutiny? |
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Definition
1) There is a SUBSTANTIAL government interest.
2) The regulation IS NARROWLY tailored. |
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Term
| What is the Balancing Test? |
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Definition
The right to freedom of expression is balanced
or weighed against competing rights and
interests. |
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Term
| Vagueness and Overbreadth |
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Definition
Unconstitutionally vague law is written so
unclear AND the law must be narrow in scope and not impact expression unnecessarily. |
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Term
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Definition
A crime to speak, write or publish any false,
scandalous and malicious statements about
the govt. of U.S., Congress or the President |
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Term
| Structures of the Federal Court System |
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Definition
| Trials of limited jurisdiction (ex. Tax courts), Trials of general jurisdiction (District Courts), Intermediate Appellate Courts ( Court of Appeals) , Court of last resort (supreme court) |
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Term
| United States v. Progressive Magazine |
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Definition
| freelance write wrote an article on the H-bomb and progressive wanted to publish it. (Prior Restraint) |
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| New York Times v. United States |
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Definition
| Pentagon Papers (Majority and Dissenting opinions.) |
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Term
| NAACP v. Claiborne Hardware |
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Definition
| True threats. Black man said he would break anyones neck into the hardware store. "Speech does not lose protection simply because it is used to coerce others into action" |
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Definition
| Draftee Cards (Clear and Present Danger) |
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Definition
| KKK Member (Imminent Lawless Action) |
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Term
| Grosjean v. American Press Co. |
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Definition
| Unconstitutional Taxation b/c it was content based. taxing all papers that were criticizing huey long. |
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Term
| Minneapolis Star & Tribune v. Minnesota Comm ‘r of Revenue |
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Definition
| Was a constitutional taxation b/c it wasn't content based and taxed only papers that used ink and paper over $100,000. |
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Definition
| Cable and Satellite. Was constitutional tax because it was content neutral instead of content based. |
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Term
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Definition
| Seditious Libel. He affectively ended prosecutions of seditious libel but did not change he law of seditious libel. |
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Term
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Definition
| Clear and Present Danger, Marketplace of Ideas, Flyers |
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Term
| Marketplace of Ideas, 4 main reasons for abandoning prior restraint |
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Definition
1) Licensing was a development tool used by those held in low regard.
2) It weakens the character
3) It doesn’t work (prior restraint is a lot of work so, who would even be up to the task if that were the case?
4) It discourages learning and a search for the truth |
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Term
| Differences between Civil and Criminal Action |
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Definition
| A lawsuit alleging a private wrong rather than a criminal wrong |
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Term
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Definition
| Investigation, Arrest, Arraignment, Complaint, Preliminary hearing, Grand Jury indictment, Hearings and motions, Trial, Sentencing, appeal |
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Definition
| Complaint filed, answer, discovery, hearings and motions, settlement conference, trial and appeal |
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Term
| How are federal judges selected? |
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Definition
| Through a nomination by the president and confirmation by the U.S. senate. |
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Term
| What is the jurisdiction of the U.S. Courts |
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Definition
| General Jurisdiction (circuit courts) |
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Term
| Who was William Blackstone? |
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Definition
| 18th century author who wrote that freedom of speech was protected when there was no prior restraint upon publishing BUT, post publication punishments were allowed for "criminal" publications. Speech that had a TENDENCY to create animosities or disturb the public peace. |
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| Alexander Meiklejohn’s self-governance theory of the First Amendment |
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Definition
| Truth is needed for citizens to understand issues and participate in a democracy. Everything worth hearing should be heard. |
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Term
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Definition
the power of federal courts to
declare invalid any law or official act of the other
branches of government that is unconstitutional |
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Term
| Why was there no Bill of Rights |
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Definition
1) Looking for a stronger document than the articles of Confederation.
2) Constitution implicitly places limits on the government.
3)Constitution achieves protection of individual rights already.
4) Federal Government is not the place to protect individual rights. |
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