constitutional law

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Definition

A calculation used to analyze a claim that a jury pool did not represent a fair cross-section of the community. Calculated by subtracting the percentage of a group in the jury pool from the percentage of that group in the general population...

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Refers to the standard used by the Supreme Court to determine if it will hear a case from a state court. The Supreme Court will hear a case from a state court only if the state court judgment turned on federal grounds. It will refuse jurisdiction if...

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In the case Southern Pacific Co. v. Jensen, 244 U.S. 205 (1917), the Supreme Court determined that the Necessary and Proper Clause grants to Congress complete and plenary power to fix and determine the maritime laws throughout the country.

See...

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Refers to Article III of the Constitution, the section of the Constitution that authorizes a federal court system. This provides that federal courts have judicial power over all cases and controversies arising under the Constitution, laws, or treaties...

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The Constitution authorizes Congress under Article I, Section 8, Clause 4 with power "to establish uniform Laws on the subject of Bankruptcies throughout the United States".

See congressional powers

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The Long Term Segregation Unit (“LTSU”) in Pittsburgh’s State Correctional Institution serves as a prison within a prison, housing inmates deemed “too disruptive, violent or problematic” to reside in the general prison population. Banks v. Beard, 399 F...

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Overview

A Bivens action generally refers to a lawsuit for damages when a federal officer who is acting in the color of federal authority allegedly violates the U.S. Constitution by federal officers acting.

Burden of Proof

The plaintiff...

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Overview

The Brandenburg test was established in Brandenburg v. Ohio, 395 US 444 (1969), to determine when inflammatory speech intending to advocate illegal action can be restricted. In the case, a KKK leader gave a speech at a rally to his fellow...

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Refers to the highways, waterways, and air traffic of the country. Compare with instrumentalities.

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