Supreme Court

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). 

• appellate jurisdiction
• Federal Rules of Appellate Procedure
• appellate practice
• Supreme Court
• certiorari

Civil procedure broadly consists of the rules by which courts conduct civil trials.

• civil procedure
• Federal Rules of Civil Procedure
• fair trial
• right to jury trial
• Supreme Court
• PROCEDURAL DUE PROCESS
• due process
• Fifth Amendment
• Fourteenth Amendment
• SUBSTANTIVE DUE PROCESS

Constitutional Law: An Overview

The broad topic of constitutional law deals with the interpretation and application of the United States Constitution. As the Constitution is the source of legal authority for the United States, questions of constitutional law often relate to fundamental questions of sovereignty and democracy. 

menu of sources

Federal Material

U.S. Constitution

• Table of Contents
• CRS Annotated Constitution

Federal Judicial Decisions

• U.S. Supreme Court:
  • Historic Constitutional Law Decisions
  • Recent Constitutional Law Decisions
  • liibulletin Oral Argument Previews
• U.S. Circuit Courts of Appeals: Recent Constitutional Law Decisions

Background:

• Articles of Confederation
• The Federalist Papers
• Letter of Transmittal, Federal Constitution, Sept. 1787

State Material

State Constitutions

• Listed State by State

State Judicial Decisions

• N.Y. Court of Appeals:
  • Recent Decisions on Constitutional Law
  • Commentary from liibulletin-ny
• Appellate Decisions from Other States

International Material

Collections of Other Constitutions

• World Constitutions
• International Constitutional Law

Other References

Key Internet Sources

• The Flag Burning Page
• International Association of Constitutional Law
• USConstitution.net
• Senate Judiciary Committee (includes information from Subcommittee on Constitution, Federalism, and Property Rights)
• House Judiciary Committee (includes information from Subcommittee on the Constitution)
• Slate, "The Constitution: The Juicy Bits"

Useful Offnet (or Subscription- $) Sources

• Good Starting Point in Print: Ronald Rotunda, John E. Nowak, Principles of Constitutional Law, West Group, 5th ed. (2016)

• constitution
• U.S. CONSTITUTION
• Supreme Court

Overview

Fundamental rights are a group of rights that have been recognized by the Supreme Court as requiring a high degree of protection from government encroachment.  These rights are specifically identified in the Constitution (especially in the

• constitutional law
• U.S. CONSTITUTION
• fundamental rights
• Supreme Court
• contracts

Overview:

The power to collect income tax is found in the Constitution of the United States.

• federal income tax
• income tax
• tax
• U.S. CONSTITUTION
• constitutional law
• Supreme Court
• Sixteenth Amendment
• Congress
• constitutional amendment
• certiorari

Original jurisdiction refers to a court’s authority to hear and decide a case for the first time before any appellate review occurs.

• jurisdiction
• federal jurisdiction
• Supreme Court
• constitution
• Article III

Per Curiam is a judicial opinion by a court with multiple judges without citing any single judge as the author. 

• courts
• judicial opinions
• appellate jurisdiction
• COURTS OF APPEALS
• Supreme Court

The political question doctrine is a principle of justiciability grounded in the separation of powers.

• Supreme Court
• standing
• Congress
• separation of powers

Self-incrimination is the intentional or unintentional act of providing information that will suggest your involvement in a crime, or expose you to criminal prosecution.

• lawsuits-court
• criminal law
• trial
• Fifth Amendment
• PRIVILEGE AGAINST SELF-INCRIMINATION
• self-incrimination
• criminal procedure
• Fourth Amendment
• tax
• Internal Revenue Service
• custodial interrogation
• state constitution
• state courts
• georgia
• Supreme Court
• SEIZURE
• blood alcohol content analysis
• driving under the influence
• CRIMINAL
• criminal law and criminal procedure

Prepared by LII Summer Editors Jeffrey Catalano and Bret Brintzenhofe

• Supreme Court