MBE CONLAW

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Author:
msjessicalyates
ID:
117958
Filename:
MBE CONLAW
Updated:
2011-11-19 20:49:44
Tags:
conlaw bar
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definitions
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  1. negative implications doctrine
    a state may use its police power to pass legislation that incidently burden interstate commerce
  2. affection doctrine
    U.S. Congress has the power to regulate any activity that has a substantial effect on interstate commerce
  3. Fed Courts (case or controversy req'ments)
    • RAMPS
    • ripeness, abstention & adequate state grounds, mootness, political questions, standing
  4. Fed court jurisdiction limits
    law based jurisdiction: cases under U.S. const. or fed law

    party based: U.S. govt, state v. state, state v. citizens of other state, diversity, foreign diplomats
  5. slander per se
    • 1. statement about loathesome disease
    • 2. trade or profession
    • 3.unchastity of a woman
    • 4.crime of moral turpitude
  6. areas of unprotected speech
    • 1. clear & present danger
    • 2. defamation (private person-of public concern + negligence of truth/falsity)(public figure-state req'ment + actual malice)
    • 3. obscenity-Miller test (contemporary community standards, prurient interest, patently offensive, lacks value)
    • 4. child porn-unprotected (may be regulated w/o satisfying Miller test)
    • 5. fighting words-regulation must be viewpt neutral & not single out one view
    • 6. fraudulent commercial speech

    DO NOT apply strict scrutiny!
  7. Art IV. privileges & immunities
    prevents economic discrimination by one state against the citizens or residents of another state, unless discrimination is closely related to a substantial govt interest
  8. special, limited purpose voting districts
    traditional one-person, one-vote principle does not apply

    --subjected to rational basis review
  9. hierarchy of laws
    • 1. Constitution
    • 2. Acts of Congress & Treaties (last in time prevails)
    • 3. Executive Agreements-foreign policy
    • 4. state law
  10. Grand juries
    -5th amd right to grand jury is NOT incorporated into 14th amd

    -no right to Miranda warnings or to have counsel present

    -FRE do not apply (other than privileges)

    -4th amd exclusionary rules does not apply

    -5th amd privilege may be asserted
  11. 11th amd
    private individuals cannot sue states for $$$ damages in any court (sovereign immunity)

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