constitutional law

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Absolute disparity is a calculation used to analyze a claim that a jury pool did not represent a fair cross-section of the community. For instance, a jury pool that is composed of only white jurors in a community that is predominantly Black....

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Adequate and independent state grounds 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 is...

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Admiralty and Maritime powers refer to the federal government’s ability to pass laws that relate to the water systems of America. Congress is granted admiralty and maritime powers through Article 2 Section III of the Constitution.

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Article III 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...

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The United States Constitution authorizes Congress under Article I, Section 8, Clause 4 with the power to “establish uniform laws on the subject of bankruptcies throughout the United States." The bankruptcy laws that Congress makes have to be...

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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 in a...

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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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In the context of transportation; channels are the highways, waterways, and air traffic of the country.

See also: Instrumentalities

[Last updated in July of 2022 by the Wex Definitions Team]

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