wex definitions

Notice pleading refers to a system of pleading requirements that only emphasizes pleadings as a way to notify parties of general issues in a case. This allows parties drafting pleadings to state their claims in general terms without alleging detailed facts to support each claim and without worrying about hypertechnical details. See Federal Rules of Civil Procedure, particularly Rules 7-10.

First Amendment protections of speakers’ rights to speech and assembly vary based on the speakers’ chosen forum. The Supreme Court breaks down forums into three types: traditional public forums, designated forums, and nonpublic forums. See Perry Educ. Ass’n v. Perry Educators’ Ass’n, 460 U.S. 37 (1983). Finally, some public property is not a forum at all.

Although the First Amendment’s Free Speech Clause limits government regulation of private speech, it does not restrict the government when the government speaks for itself. For example, if the government allows private groups to hold rallies in a public park, it may not exclude a white supremacist rally solely because it disagrees with the rally’s message. See Forums. The city is not, however, required to include the white supremacists’ message when it holds diversity programs at its schools.

Qualified immunity: an overview

“Qualified immunity balances two important interests—the need to hold public officials accountable when they exercise power irresponsibly and the need to shield officials from harassment, distraction, and liability when they perform their duties reasonably.” Pearson v. Callahan (07-751).

Justiciability refers to the types of matters that the federal courts can adjudicate.  If a case is "nonjusticiable." a federal court cannot hear it.  To be justiciable, the court must not be offering an advisory opinion, the plaintiff must have standing, and the issues must be ripe but neither moot nor violative of the political question doctrine.  

Preponderance refers to the evidentiary standard necessary for a victory in a civil case.

The direct address between the judge and the convicted defendant prior to sentencing.  During the address, the judge speaks directly to the defendant and asks if the defendant has anything to add prior to hearing the sentence.  The defendant then answers the judge and may say anything in an effort to lessen the severity of the sentence, such as an apology, an offering of remorse, or an explanation of the motivations that drove the defendant's criminal actions.

See Criminal procedure for more information.

Any fact or circumstance that lessens the severity or culpability of a criminal act.  Mitigating factors include an ability for the criminal to reform, mental retardation, an addiction to illegal substances or alcohol that contributed to the criminal behavior, and past good deeds, among many others.  Recognition of particular mitigating factors varies by jurisdiction.

See also Aggravating Factors, Criminal Procedure, and the Death Penalty.

Any fact or circumstance that increases the severity or culpability of a criminal act.  Aggravating factors include recidivism, lack of remorse, amount of harm to the victim, or committing the crime in front of a child, among many others.  The recognition of particular aggravating factors varies by jurisdiction. 

See also Mitigating Factor, Criminal Procedure, and the Death Penalty.  

A doctrine holding that the 5th and 14th Amendments require all governmental intrusions into fundamental rights and liberties be fair and reasonable and in furtherance of a legitimate governmental interest. The U.S. Supreme Court during the middle of the 20th Century used substantive due process to give added force to the 4th, 5th and 6th Amendments of the U.S. Constitution by constraining certain actions by law enforcement, prosecutors, and judges.

See due process