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Constitutional law
Constitutional law
Constitutional law
Constitutional law
Constitutional law
Constitutional law
Constitutional law
Constitutional law
Constitutional law
Constitutional law
Constitutional law
Constitutional law
Constitutional law
Constitutional law
Constitutional law
Constitutional law
Constitutional law
Constitutional law
Constitutional law
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Constitutional law

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Transcript

  • 1. Constitutional law
    COMM 502, Jan. 24, 2011
  • 2. review
    • Common law?
    • 3. Stare decisis?
    • 4. Actions regarding precedent?
    • 5. Judicial decision (opinion)?
    • 6. Parties to a case?
    • 7. Case reporter?
    • 8. Function of trial courts?
    • 9. Function of appellate courts?
  • SUPREME COURT
    • Name the justices on the S.Crt.
    • 10. Writ of certiorari?
    • 11. When is a writ of certiorari granted?
  • Examples
    Oral argument in Schwarzenegger v. Entertainment Merchants Assn.
    Media coverage
  • 12. Supreme court decision-making
    Oral argument – the only publicly visible stage in the decision-making
    Conference
    • discuss and vote
    • 13. assignments to write opinion(s)
  • Supreme court decision-making
    • Plurality vs. majority
    • 14. Concurrence vs. dissent
    • 15. 5 – 4 plurality decision: not a binding precedent
    • 16. Majority decision: binding precedent
    • 17. Per curiam opinion
    • 18. Memorandum order
  • When is a precedent binding?
    • Majority S. Crt. opinions re Constitution and federal law are binding precedents on federal and state courts
    • 19. Circuit court decisions on federal matters are only binding on other lower federal/state courts in the region
  • FINDING OPINIONS IN LEXIS
  • 20. citation
    Miller v. California, 413 U.S. 15 (1973)
    Volume # of the case reporter
    # of starting page
    Plaintiff (appellant)
    Defendant
    Case reporter (abbreviated)
    Year case decided
  • 21. CONSTITUTIONAL LAW
  • 22. America gets a Constitution
  • 23. September 17, 1787
  • 24. constitution
    • Plan for the establishment/organization of government
    • 25. Outlines duties, responsibilities and powers of various gov. bodies
    • 26. Guarantee certain basic rights
  • Bill of rights
    • The Constitution was amended 27 times
    • 27. The first 10 amendments are called the Bill of Rights (added 1791)
  • Constitutional analysis
    The courts ensure that statutes are constitutional (protect the rights of the citizens)
  • 28. Unconstitutional statute
    Vague
    Don’t provide fair notice of what is prohibited
    Too much power to enforcers
  • 29. Unconstitutional statute
    Overbroad
    Statute prohibits more than necessary to achieve the purpose of the government
  • 30. THE FIRST AMENDMENT
  • 31. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

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