As we discussed common law and stability in judicial decisions part of our discussion concerned the need for predictability and stability, but also balancing that with the need for the law to change with the changes in society. One of the greatest case examples of this principle is the change in the case of Plessy v. Ferguson . In the early 1950′ s the U.S. Supreme Court decision in _______________________ overturned the earlier decision in Plessy v. Ferguson and abolished this doctrine finding it to be inherently unequal.
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The Sixth Amendment contains protections that apply specific…
The Sixth Amendment contains protections that apply specifically to judicial/criminal proceedings. These protections were expanded in the case of __________________________ .
The First Amendment protection of speech applies to three cl…
The First Amendment protection of speech applies to three classifications of speech (fully protected, limited protected and unprotected speech). Fully protected speech is speech that:
A deposition is:
A deposition is:
Electronic discovery is limited. It provides for only the d…
Electronic discovery is limited. It provides for only the discovery of material storged on the equipment found in the opponent’s offices.
Freedom of Religion actually contains two very important fre…
Freedom of Religion actually contains two very important freedoms. We are guaranteed that the government cannot establish a state-sponsored religion nor show preference for one religion (the Establishment Clause) and protection from governmental interference with the reasonable practice of any religious belief citizens choose (Free Exercise Clause).
The government of this country is referred to as ___________…
The government of this country is referred to as __________________ or federal form of government.Part of the basis of this form of government is the concept of shared powers, as shared between our state and federal governments.
Substantive law refers to the essence of the case – the sub…
Substantive law refers to the essence of the case – the subject matter that is the basis of the case or type of case.
Due process is so important in our legal system that it is m…
Due process is so important in our legal system that it is mentioned in two amendments to our Constitution, the 5th and the 14th . We defined due process as:
One of the Rules of Evidence we covered applied to the intro…
One of the Rules of Evidence we covered applied to the introduction of documents for the jury’s consideration. The ___________________ requires that before oral testimony can be given about a document, the document must be produced.