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constitutional law

comity

in

Definition

The legal principle that political entities (such as states, nations, or courts from different jurisdictions) will mutually recognize each other’s legislative, executive, and judicial acts. The underlying notion is that different jurisdictions will reciprocate each other’s judgments out of deference, mutuality, and respect.

In Constitutional law, the Comity Clause refers to Article IV, § 2, Clause 2 of the U.S.

administrative hearing

in

Definition

A trial-like proceeding before an administrative agency or administrative law judge. As in a trial, evidence is proffered and testimony is given. Unlike a trial, an administrative hearing is often shorter in duration and more informal in nature.

Abrogate

in

Definition

To formally annul or repeal a law through an act of the legislature, constitutional authority, or custom.

Contract and Insurance law: to rescind or terminate a contract.

Vagueness doctrine

in

Definition

1) A constitutional rule that requires criminal laws to state explicitly and definitely what conduct is punishable.  Criminal laws that violate this requirement are said to be void for vagueness.  Vagueness doctrine rests on the due process clauses of the Fifth and Fourteenth Amendments of the U.S.

Third amendment

in

The third amendment to the constitution prohibits, in peacetime, the quartering of soldiers in private homes without the consent of the owner of the home. It states that "[n]o Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law."

See constitutional amendment, Bill of Rights.

 

 

Brandenburg test

in

Standard established in  Brandenburg v. Ohio, 395 US 444 (1969), to determine when inflammatory speech intending to advocate illegal action can be restricted. The standard developed determined that speech advocating the use of force or crime could only be proscribed where two conditions were satisfied: (1) the advocacy is “directed to inciting or producing imminent lawless action,” and (2) the advocacy is also “likely to incite or produce such action.”

Advocacy of Illegal Action

in

 A category of speech unprotected by the First Amendment.  For many years, the constitutional rule famously was that speech was unprotected if "words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent."  Schenck v. United States, 249 US 47 (1919).

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