101 Definitions Conlaw

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01 Standing

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Under Constitutional law, standing is the ability of a party to demonstrate to the court a sufficient connection to and harm from the law or action challenged to support that party's participation in the case.

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02 Ripeness (Case or Controversy Must Be Ripe)

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Under Constitutional law, a claim is ripe when the facts of the case have matured into an existing controversy warranting judicial intervention.

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03 Mootness (Case or Controversy Must Not Be Moot)

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Under Constitutional law, a matter is moot if further legal proceedings can have no effect or if events have placed it beyond the reach of the law.

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04 Treaty

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Under Constitutional law, a treaty is an agreement between the United States and a foreign country that is negotiated by the President and is effective when ratified by Senate. A valid treaty, like other federal law, is considered the supreme law of the land.

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05 Executive Agreements

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Under Constitutional law, executive agreements are agreements between the United States and a foreign country, effective when signed by the President and the head of the foreign country.

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06 Impeachment

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Under Constitutional law, impeachment is a formal process under which an elected official is removed from office.

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07 The Dormant Commerce Clause

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Under Constitutional law, the Dormant Commerce Clause is a judicial doctrine that invalidates state laws burdening interstate commerce even in the absence of any conflicting federal law.

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08 Strict Scrutiny

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Under Constitutional law, a strict scrutiny standard of review requires the government to prove that the challenged law or classification serves a compelling state interest and that the law or classification is necessary to serve that interest.

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09 Intermediate Scrutiny

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Under Constitutional law, an intermediate scrutiny standard of review requires the government to prove that the challenged classification serves an important state interest and that the classification is at least substantially related to serving that interest.

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10 Rational Basis

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Under Constitutional law, a rational basis standard of review requires the challenger to prove that the challenged law or classification serves no legitimate government purpose.

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11 Freedom of Speech

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Under Constitutional law, freedom of speech is the freedom to speak without censorship or limitation.

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12 Just Compensation

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Under Constitutional law, if the government takes private property for public use, the owner is entitled to just compensation, which is measured as the fair market value of the property at the time of the taking. Just compensation is ordinarily determined as the amount of economic loss to the owner, rather than the economic benefit conferred to the taker.

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13 Bill of Attainder

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Under Constitutional law, a bill of attainder is a bill that is directed at a specific person or group of persons for past conduct, rendering punishment without a judicial trial.

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14 Ex Post Facto Law

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Under Constitutional law, an ex post facto law is a law that retroactively criminalizes an act or alters the level of criminality of previous conduct.

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15 Prior Restraint

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Under Constitutional law, a prior restraint is a government action that prevents communications from reaching the public.

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16 Freedom of the Press

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Under Constitutional law, freedom of the press is the freedom of communication and expression through various electronic media and published materials.

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17 Freedom of Association

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Under Constitutional law, freedom of association is the right to come together with other individuals and collectively express or promote common interests.