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privileges and immunities clause
prohibits states from enacting laws that unduly discriminate in favor of their residents over other states
procedural due process
gvmt give person proper notice and hearing before deprived of life liberty or process
substantive due process
requires that laws be clear on their face and not overly broad in scope, if not then 'void for vagueness'
due process clause
no person shall be deprived of life libery or property without due process. catergories are substantive and procedural.
standards of review
- in place by supreme court to check for violation of equal protection clause:
- strict scrutiny test (suspect class)
- intermediate scrutiny test (protected class other that race)
- rational basis test (does not involve suspect or protected class)
equal protection clause
federal, state and local gvmt action; prohibits gvmt from enacting laws that classify and treat 'similarily' persons differently. not absolute.
freedom of religion
in first amendment, establishment clause and free exercise clause
- dangerous speech
- fighting words
- advocation of violent overthrow of government
- defamatory speech
- child pornography
- obscene speech
limited protection seech
- subject to governmental time, place, and manner restrictions.
- offensive speech
- commercial speech
fully protected speech
cannotbe prohibited or regulated by government
briefing a case: IRAC
- case name, citation, court
- summary of key facts
- analysis summary
doctrine of stare decisis
provides for adherence to precedent
federal and state courts decide controversies. in doing so they issue decisions that state the holding of each case and reasoning used by the court in reachin it's decision.
regulations and the order of administrative agencies
created by telegislative and executive branches of government, may adopt administrative regulations and issue orders.
issued by president and governers of states, regulate the conduct of covered parties.
states are enacted by the federal congress and state legislatures. ordinances are passed by municipalities and loca government bodies. they establish courses of conduct that must be followed by covered parties.
the president, with advice and consent of senate, may enter into treaties with countries
establish federal government and enumerates powers. powers not given to federal government are reserved to states. states do as federal
english common law
forms the basis of the legal systems of most states in the US.
law and economics school
believes that promoting market efficiency should be the central concern of legal decision making
critical legal studies school
maintians that legal rules are unnecessary and that legal disputes should be solved by applying arbitrary rules based on fairness
believes law is a set of rules developed, communicated, and enforced by ruling party
maintains law is shaped by logic
asserts law is a means of achieving and advancing certain sociological goals
believes that law is an aggregate of social traditions and customs
natural law school
postulates that law is based on what is corecct. it emphasizes a moral theory of law - that is, law based on morality and ethics
flexibiliy of the law
the law must be flexible to meet ocial, technological, and economic changes in the US and world
fairness of the law
although the US legal system is one of the fairest and most democratic systems of lawm abusues and mistakes in the application of law do occur
functions of the law
- keep the peace
- shape moral standards
- promote social justice
- maintian the status quo
- facilitate orderly change
- facilitate planning
- provide a basi for compromise
- maximize individual freedom
definition of law
law is a body of rules of action or conduct that has a binding legal force. laws must be obeyed by citizens, subject to sanction or legal consequences