The Law Dictionary for Everyone
Following is the case brief for Brandenburg v. Ohio, 395 U.S. 444 (1969). Case Summary of Brandenburg v. Ohio: Brandenburg, a leader of the KKK, was convicted under Ohio’s Criminal Syndicalism statute, which prohibits advocating violence for political reform. The Ohio Supreme Court affirmed his conviction. The U.S. Supreme Court reversed. It found that the Ohio statute punishes mere advocacy […]
Read moreThe legal term in propria persona is a Latin phrase that translates to mean “in his or her own person.” For example, in propria persona, in the field of law, means that a person is representing himself in a lawsuit, and is therefore giving the court jurisdiction over his case. The term is typically abbreviated to “in pro per,” and […]
Read moreGood cause is defined in the legal sense as a sufficient reason for a judge to make a ruling. The term “good cause,” however, is a broad one, and its definition depends upon the circumstances of each individual case. For instance, someone suffering from a serious illness may have good cause for requesting additional time from the court when he […]
Read moreFollowing is the case brief for Boumediene v. Bush, United States Supreme Court, (2008) Case summary for Boumediene v. Bush: Boumediene and other Guantanamo bay detainees filed for a writ of habeas corpus to challenge their confinement conditions. A provision of the Military Commissions Act (MCA) prevented unlawful alien detainees from challenging confinement conditions. Boumediene and the other detainees then […]
Read moreFollowing is the case brief for NFIB v. Sebelius, 132 S. Ct. 2566 (2012). Case Summary of NFIB v. Sebelius: Petitioners challenged the constitutionality of the Patient Protection and Affordable Care Act (ACA). Petitioners found fault with the ACA’s “individual mandate” (requiring people to obtain minimum health coverage), and “Medicaid expansion” (requiring States to cover more individuals under Medicaid). The Eleventh […]
Read moreFollowing is the case brief for Hamer v. Sidway, New York Court of Appeals,(1891) Case summary for Hamer v. Sidway: Uncle and Nephew entered into a contract in which uncle promised nephew $5,000 if nephew promised to refrain from drinking, smoking and gambling until he reached the age of 21 Nephew lived up to his promise and uncle said he […]
Read moreWhen someone is acting in “good faith,” it means that he is acting with honest intent, and is expected to be honest and to keep his promises without taking advantage of someone else. It is also expected that he will not hold the other party to an impossible standard. Good faith is a necessary element in a variety of situations, […]
Read moreFollowing is the case brief for Schenck v. United States, United States Supreme Court, (1919) Case summary for Schenck v. United States: Schenck mailed out circulars criticizing draft supporters and informing draftees of their rights to oppose. In response, Schenck was indicted for violating the Espionage Act (the Act) which made it a crime to interfere with military success or […]
Read moreFollowing is the case brief for Romer v. Evans, United States Supreme Court, (1996) Case summary for Romer v. Evans: Colorado passed a law prohibiting discrimination on the basis of sexual orientation. In response, voters passed Amendment two, an anti-protection law against discrimination. As representative, Evans brought suit against Governor Romer claiming the law violated the Equal Protection Clause of […]
Read moreThe term condition precedent refers to something that must happen, or a circumstance that must exist, before something else will happen. This is a common issue in contract law, where one party is to perform his duties under the contract only after the other party has performed his. For instance, Bob will install the new air conditioner at Jack’s home […]
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