U S Constitution - Law Dictionary Search Results
Home Dictionary Name: u s constitution Page: 2search
search 1 : an exploratory investigation (as of an area or person) by a government agent that intrudes on an individual's reasonable expectation of privacy and is conducted usually for the purpose of finding evidence of unlawful activity or guilt or to locate a person [warrantless es are invalid unless they fall within narrowly drawn exceptions "State v. Mahone, 701 P.2d 171 (1985)"] see also exigent circumstances, plain view probable cause at cause, reasonable suspicion search warrant at warrant compare seizure NOTE: The Fourth Amendment to the U.S. Constitution prohibits unreasonable searches and requires that a warrant may issue only upon probable cause and that the warrant must particularly describe the place to be searched. Some searches, such as a search incident to an arrest, have been held to be valid without a warrant. administrative search : an inspection or search carried out under a regulatory or statutory scheme esp. in public or commercial premises and usually to enf...
house
house 1 a : a building (as a single or multiple family house, apartment, or hotel room) serving as living quarters and usually including the curtilage b : a building (as one's residence or a locked place of business) in which one is entitled to protection (as from warrantless searches and seizures) under the Fourth Amendment to the U.S. Constitution 2 a : a legislative assembly esp. that constitutes a division of a bicameral body [the votes of both houses shall be determined by yeas and nays "U.S. Constitution art. I"] b : the building or chamber where such an assembly meets c : a quorum of such an assembly ...
opinion
opinion 1 a : a belief stronger than impression and less strong than positive knowledge b : a formal expression of a judgment or appraisal by an expert see also opinion testimony at testimony compare fact 2 a : advice or evaluation regarding the legal issues involved in a situation given by an attorney to a client [an of title] called also legal opinion see also opinion letter at letter b : an advisory opinion issued by an authorized public official (as an attorney general) or a recognized body (as the American Bar Association) 3 a : the formal written expression by a court or judge of the reasons and principles of law upon which the decision in a case is based compare holding, judgment, ruling advisory opinion : a nonbinding opinion or evaluation of a court or other judicial or quasi-judicial authority or body regarding the effect of the law on a situation that does not present an actual controversy between parties [to answer questions which were not brought before this Court...
federal courts
federal courts courts established under the U.S. Constitution. The term usually refers to courts of the federal judicial branch, which include the Supreme Court of the United States, the U.S. courts of appeals, the U.S. district courts (including U.S. bankruptcy courts), and the U.S. Court of International Trade. Congress has established other federal courts in the executive branch, such as immigration courts. Source: Federal Judicial Center ...
remove
remove re·moved re·mov·ing vt : to change the location, position, station, status, or residence of: as a : to have (an action) transferred from one court to another and esp. from a state court to a federal court see also separable controversy NOTE: Section 1441 et seq. of title 28 of the U.S. Code allows a defendant who is brought into a state court to remove the action to federal district court when diversity of citizenship exists, when the action involves a claim or right arising under the U.S. Constitution or under laws or treaties of the U.S., or when the defendant is a foreign country or its agency or instrumentality. Civil actions and criminal prosecutions brought against an officer or agency of the U.S. for any act under color of office may also be removed. b : to dismiss from office [an independent counsel…may be removed from office…only by the personal action of the Attorney General "U.S. Code"] c : to take away [should his incapacity be remo...
cruel and unusual punishment
cruel and unusual punishment : punishment that is offensive to the contemporary morality or jurisprudence (as by being degrading, inflicting unnecessary and intentional pain, or being disproportionate to the offense) [nor cruel and unusual punishments inflicted "U.S. Constitution amend. VIII"] see also Gregg v. Georgia in the Important Cases section compare corporal punishment, death penalty NOTE: A cruel and unusual punishment is essentially one that the courts consider to violate the Eighth Amendment based on a variety of criteria. The interpretation of what constitutes cruel and unusual punishment has changed over time and has varied from jurisdiction to jurisdiction. Most forms of corporal punishment formerly used at common law have been found to be cruel and unusual punishments. The U.S. Supreme Court has held that the death penalty in itself does not constitute cruel and unusual punishment, although mandatory death sentences do. ...
establish
establish 1 : to institute (as a law) permanently by enactment or agreement [we the people of the United States…do ordain and this Constitution "U.S. Constitution preamble"] 2 : to make firm or stable 3 : to bring into existence : found [Congress shall have power…to post offices and post roads "U.S. Constitution art. I"] ;specif : to found (a national bank) pursuant to a charter 4 : to make (a church) a national or state institution see also establishment, establishment clause 5 : to put beyond doubt : prove 6 : to place in a position of being accepted or followed [a rule ed by case law] ...
controversy
controversy pl: -sies 1 : a state of dispute or disagreement [suits at common law, where the value in shall exceed twenty dollars "U.S. Constitution amend. VII"] 2 : a civil action involving a real and immediate dispute between parties with adverse interests NOTE: Article III of the U.S. Constitution gives the judiciary the power to decide cases and controversies. Article III's limitation of the judicial power to cases or controversies requires that an action brought in the federal court involve parties with standing to sue and questions that are ripe and not moot. con·tro·ver·sial [kÄ n-trə-vər-shəl, -vər-sē-əl] adj ...
full faith and credit
full faith and credit : the recognition and enforcement of the public acts, records, and judicial proceedings of one state by another see also Article IV of the Constitution in the back matter compare choice of law, comity, federalism NOTE: Unlike comity, full faith and credit is a requirement created by the U.S. Constitution and the U.S. Code. A public law or a judicial decision may not, however, be entitled to full faith and credit for specific reasons (as for having been decided by a court not having jurisdiction). Full faith and credit is given only in civil cases; states recognize each other's criminal laws through the mechanism of extradition. ...
constitute
constitute 1 : to appoint to an office or function [those who are constituted heirs or named legatees "Louisiana Civil Code"] [legal authority s all magistrates] 2 : establish found [to tribunals inferior to the supreme Court "U.S. Constitution art. I"] 3 a : to put (as an agreement) into required form b : to qualify as [a letter can a will "W. M. McGovern, Jr. et al."] [failure to act may negligence] c : to form the substance or whole of [the bonds constituted the entire estate] ...
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