constitutional law

justiciability

Overview

Justiciability refers to the types of matters that a court can adjudicate. If a case is "nonjusticiable," then the court cannot hear it. Typically to be justiciable, the court must not be offering an advisory opinion, the plaintiff must have...

justiciable

Justiciable refers to a matter which is capable of being decided by a court. Justiciable means that a case is suitable for courts to hear and decide on the merits. On the other hand, if a case is not justiciable, the court must dismiss it....

Kennedy v. Bremerton (2022)

Kennedy v. Bremerton (2022) is the Supreme Court case that concerns rights under the First Amendment, particularly the Free Exercise and Free Speech clauses.

The Court held in Kennedy v. Bremerton that “the free exercise...

Korematsu v. United States (1944)

Korematsu v. United States, 323 U.S. 214 was a World War II-era U.S. Supreme Court case in which the Court held that excluding all persons of Japanese ancestry from designated military areas was constitutional. The Supreme Court was of the...

Lochner era

The time from 1890 to 1937, in which the United States Supreme Court, using a broad interpretation of due process that protected economic rights, tended to strike down economic regulations of working conditions, wages or hours in favor of...

Marbury v. Madison (1803)

Marbury v. Madison (1803) was the U.S. Supreme Court case that established the Supreme Court’s power of judicial review. (Read the opinion here).

After President John Adams lost the 1800 election, but before he left office,...

McCulloch v. Maryland (1819)

McCulloch v. Maryland (1819) is the U.S. Supreme Court case that defined the scope of the federal legislative power and the federal government’s relationship with state governmental authority.

The United States Congress...

minimum contacts

Minimum contacts are a nonresident civil defendant’s connections with the forum state (i.e., the state where the lawsuit is brought) that are sufficient for the forum state to assert personal jurisdiction over that defendant. Lack of minimum...

Miranda v. Arizona (1966)

Miranda v. Arizona is the Supreme Court case where it was held that the custodial interrogation of an individual must be accompanied by an instruction that the person has the right to remain silent, any statements made can be used against the...

Mirandize

Mirandize refers to the act of reading or reciting a Miranda warning. The requirement to give Miranda warnings came from the Supreme Court decision, Miranda v. Arizona, 384 US 436 (1966). In Miranda, the Court held that a defendant cannot be...

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