The state action requirement refers to the requirement that in order for a plaintiff to have standing to sue over a law being violated, the plaintiff must demonstrate that the government (local, state, or federal), was responsible for the...
constitutional law
State Action Requirement
Definition
substantive due process
Substantive due process is the principle that the Fifth and Fourteenth Amendments protect fundamental rights from government interference. Specifically, the Fifth and Fourteenth Amendments prohibit the government from depriving any person of...
Suppression
In a criminal case, most evidence gathered in violation of the Constitution is inadmissible at trial, due to the exclusionary rule. Evidence that has been kept out in this manner is said to have been “suppressed.”
taking
Overview
The power of the government through the use of eminent domain, to take private property and convert it into public use, is referred to as a taking. The Fifth Amendment provides that the government may only exercise this power if...
Taking the Fifth
“Taking the Fifth" or “pleading the Fifth” are colloquial terms used to refer to an individual’s decision to invoke their right against self-incrimination under the Fifth Amendment of the United States Constitution. During questioning by...
Takings
Overview
A taking is when the government seizes private property for public use.
A taking can come in two forms. The taking may be physical, which means that the government literally takes the property from its owner). Or the taking may be...
Third amendment
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...
Tucker Act
Under the Tucker Act of 1887, the United States waived its sovereign immunity as to certain kinds of claims. Although the government is immune to lawsuits as a general rule, the Tucker Act exposes the government to liability for certain claims....
turn state's evidence
Turn state’s evidence (also known as “turn King’s evidence”) or to "flip” means the defendant chose to reveal valuable evidence to the prosecutor, in exchange for a reduction of the charge or the dismissal of some charges. When the defendant...
United States v. Darby
United States v. Darby is a Supreme Court of the United States case that revolves around the Fair Labor Standards Act of 1938 and issues of federalism. Congress set out federal standards for employment conditions, specifically...