The Equal Protection Clause is the constitutional promise that no individual or class of persons can be denied the same protection of the laws that is enjoyed by others individuals or classes. These protections include life, liberty, property, and the pursuit of hapiness. The Substantive Due Process Clause is similar in that it states that no person can be deprived of either life, liberty, or property devoid of due process. Substantive Due Process clause put limits on the content or subject matter of state and federal laws. The Substantive Due Process Clause keeps the government from violating certain fundamental constitutional rights of individuals or parties. The Supreme court relied on the Substantive Due Process clause to overturn the previous courts ruling and argued that the ruling violated the S. Due Process Clause, as opposed to the Equal Protections Clause. However, Justice Sandra Day O ' Connor argued in favor of the Equal Protections Clause to overturn the state laws against sodomy. The Court recognized that the privacy rights of consenting adults cannot be violated as this violates the Constitution.
You would first file a complaint with the court and deliver a copy to the defendant. The complaint details what the defendant did wrong that caused injury to you. The defendant will be given a certain amount of time to answer the complaint. The answer is a document that responds to the allegations of the complaint. The defendant may present their side of the dispute within the answer, or the defendant may present a counter claim against the plaintiff within the answer. The next phase of the litigation process is referred to as the Discovery stage. The Discovery allows for each party to ask for information including answers to questions and certain documents. If either the plaintiff or defendant fails to respond to Discovery in time there can be serious legal consequences. During the Discovery phase information can be obtained either through written documents or through depositions which is when witnesses are questioned under oath by the legal representatives of the parties in the lawsuit. Often Expert witnesses may be brought in to to explain technical information or validate an argument. One or more experts might be required to testigy about the relation between the defendant 's actions and the injury sustained by the plaintiff. Before trial the parties may provoke motions to askthe court to rule or act. Motions are formal requests made to the judge in order to make an order or decision on certain matters pertaining to the case. For instance the defendant may submit a motion to the judge asking for certain evidence to be excluded from trial. Courts will often allow for the parties to participate in mediation before the trial to reach a settlement; if a settlement to avoid a trial. Before the trial each party must provide the judge a brief, which is a document which outlines the arguments and evidences that will be used in the trial. There are two types of trials, one with a judge alone which is called a bench trial ,and the other which is called a jury trial. The jury trial includes a jury of randomly selected individuals and a judge. After the jury gives it 's verdict and all evidence and sides have been presented then the legal costs and fees will be asked by the winning side to be commissioned by the court to the losing side. The losing side may make an appeal to a higher court if they are not satisfied with the decision. In this case the defendants best defense is that this legislature violates GMI and HDTV 's …show more content…
This would make the legislature unconstitutional and the legislature could be modified or scrapped entirely to fit within the framework of the US Constitution. States cannot enact a statute that violates or infringes upon the first amendment rights of an entity; the entities in this case being GMI and HDTV. In this case the free speech being violated is these companies right to commercial speech which is protected under the first amendment. However, limits can be placed upon commercial free speech, but in this case the limit restricts commercial free speech too heavily and the purpose is unsupported for protecting
You would first file a complaint with the court and deliver a copy to the defendant. The complaint details what the defendant did wrong that caused injury to you. The defendant will be given a certain amount of time to answer the complaint. The answer is a document that responds to the allegations of the complaint. The defendant may present their side of the dispute within the answer, or the defendant may present a counter claim against the plaintiff within the answer. The next phase of the litigation process is referred to as the Discovery stage. The Discovery allows for each party to ask for information including answers to questions and certain documents. If either the plaintiff or defendant fails to respond to Discovery in time there can be serious legal consequences. During the Discovery phase information can be obtained either through written documents or through depositions which is when witnesses are questioned under oath by the legal representatives of the parties in the lawsuit. Often Expert witnesses may be brought in to to explain technical information or validate an argument. One or more experts might be required to testigy about the relation between the defendant 's actions and the injury sustained by the plaintiff. Before trial the parties may provoke motions to askthe court to rule or act. Motions are formal requests made to the judge in order to make an order or decision on certain matters pertaining to the case. For instance the defendant may submit a motion to the judge asking for certain evidence to be excluded from trial. Courts will often allow for the parties to participate in mediation before the trial to reach a settlement; if a settlement to avoid a trial. Before the trial each party must provide the judge a brief, which is a document which outlines the arguments and evidences that will be used in the trial. There are two types of trials, one with a judge alone which is called a bench trial ,and the other which is called a jury trial. The jury trial includes a jury of randomly selected individuals and a judge. After the jury gives it 's verdict and all evidence and sides have been presented then the legal costs and fees will be asked by the winning side to be commissioned by the court to the losing side. The losing side may make an appeal to a higher court if they are not satisfied with the decision. In this case the defendants best defense is that this legislature violates GMI and HDTV 's …show more content…
This would make the legislature unconstitutional and the legislature could be modified or scrapped entirely to fit within the framework of the US Constitution. States cannot enact a statute that violates or infringes upon the first amendment rights of an entity; the entities in this case being GMI and HDTV. In this case the free speech being violated is these companies right to commercial speech which is protected under the first amendment. However, limits can be placed upon commercial free speech, but in this case the limit restricts commercial free speech too heavily and the purpose is unsupported for protecting