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...
constitutional law
burden
A burden is a generic term referring to a restriction on a use or activity. Often, the term arises in property law. For instance, real property may carry an intangible burden in the form of covenants or easements. These burdens generally...
Bush v. Gore (2000)
Bush v. Gore (2000) is the Supreme Court case regarding Florida’s recount of the presidential election ballots in the year 2000.
Petitioner, George W. Bush, won the 25 electoral votes in Florida (and thus the presidential...
capital punishment
Capital punishment, which is also known as the death penalty, is criminal punishment that takes the defendant’s life as the punishment for the defendant’s crime. The sentence ordering capital punishment is called the death sentence, and the...
case
A case is a civil or criminal proceeding at law or in equity. It can also be referred to as an action, suit, or controversy, depending on the jurisdiction and the nature of the dispute.
A civil case normally involves two parties with...certiorari
Overview
Certiorari simply defined is a “writ” by which a higher court (such as an appellate court) reviews some lower court’s decision (such as a district court).
When a party loses in a court of law, often said party is...
church and state
Church and State is defined as a legal doctrine that provides for the separation of the State from religion in the United States. The doctrine is derived from the landmark US Supreme Court case Everson v. Board of Education, 330 U.S. 1. In...
citizen
A citizen is a person who, by place of birth, nationality of one or both parents, or naturalization is granted full rights and responsibilities as a member of a nation or political community.
[Last updated in January of 2022 by the...
Citizens United v. Federal Election Commission (2010)
Citizens United v. Federal Election Commission is the 2010 Supreme Court case that held that the free speech clause of the First Amendment prohibits the government from limiting independent expenditures on political campaigns by groups such...
civil case
A civil case is a private, non-criminal lawsuit, usually involving private property rights, including respecting rights stated under the Constitution or under federal or state law. For example, lawsuits involving breach of contract, probate,...