Unconstitutional - Law Dictionary Search Results
Home Dictionary Name: unconstitutionalunconstitutional
unconstitutional : contrary to or failing to comply with a constitution ;esp : violative of a person's rights guaranteed by the U.S. Constitution [an search and seizure] un·con·sti·tu·tion·al·i·ty [-tü-shə-na-lə-tē, -tyü-] n un·con·sti·tu·tion·al·ly adv ...
unconstitutional conditions doctrine
unconstitutional conditions doctrine : a doctrine in constitutional law that bars a government from imposing a condition on the grant of a benefit requiring the waiver of a constitutional right ...
death penalty
death penalty : death as punishment for a crime called also capital punishment see also cruel and unusual punishment Gregg v. Georgia in the Important Cases section NOTE: The U.S. Supreme Court has held that the death penalty is not inherently violative of the Eighth Amendment's prohibition on cruel and unusual punishment, provided that the method is not deemed cruel and that the punishment is not excessive in relation to the crime. A statute mandating the death penalty is unconstitutional, however. A sentencing judge is required to consider any mitigating circumstances before imposing the death penalty for a crime. ...
disorderly conduct
disorderly conduct : conduct that is likely to lead to a disturbance of the public peace or that offends public decency ;also : the petty offense of engaging in disorderly conduct compare breach of the peace NOTE: The term disorderly conduct is used in statutes to identify various acts against the public peace. It has been held to include the use of obscene language in public, the blocking of public ways, and the making of threats. A statute must identify acts that constitute disorderly conduct with sufficient clarity in order to avoid being held unconstitutional because of vagueness. ...
distress
distress [Anglo-French destrece, literally, tightness, anguish, deprivation, from Old French, ultimately from Late Latin districtus severe, from past participle of distringere to hinder, punish see distrain ] 1 : seizure and detention of the goods of another as pledge or to obtain satisfaction of a claim by the sale of the goods seized ;specif : seizure by a landlord of a tenant's property to obtain satisfaction of arrearages in rent NOTE: Distress is regulated by statute where available. It has been held unconstitutional by some courts. 2 : pain or suffering affecting the body, a bodily part, or the mind see also emotional distress ...
free speech
free speech 1 : speech that is protected by the First Amendment to the U.S. Constitution [setting off an alarm bell is not free speech "A. M. Dershowitz"] 2 : freedom of speech [an unconstitutional restraint on free speech "National Law Journal"] ...
inevitable discovery
inevitable discovery : a doctrine in criminal law: evidence obtained by methods that are unconstitutional may be admissible if it would have been inevitably discovered without the unlawful methods compare fruit of the poisonous tree, inadvertent discovery, independent source, plain view ...
judgment
judgment also judge·ment [jəj-mənt] n 1 a : a formal decision or determination on a matter or case by a court ;esp : final judgment in this entry compare dictum, disposition, finding, holding, opinion, ruling, verdict NOTE: Under Rule 54 of the Federal Rules of Civil Procedure judgment encompasses a decree and any order from which an appeal lies. cog·no·vit judgment [kÄ g-nō-vit-] : an acknowledgment by a debtor of the existence of a debt with agreement that an adverse judgment may be entered without notice or a hearing : confession of judgment consent judgment : a judgment approved and entered by a court by consent of the parties upon agreement or stipulation : consent decree at decree declaratory judgment : a judgment declaring a right or establishing the legal status or interpretation of a law or instrument [seeking a declaratory judgment that the regulation is unconstitutional] compare damage, injunction specific performance at per...
judicial review
judicial review 1 : review 2 : a constitutional doctrine that gives to a court system the power to annul legislative or executive acts which the judges declare to be unconstitutional ;also : the process of using this power see also checks and balances Marbury v. Madison in the Important Cases section ...
obligation
obligation 1 : a promise, acknowledgment, or agreement (as a contract) that binds one to a specific performance (as payment) ;also : the binding power of such an agreement or indication [held that the amendment did not unconstitutionally impair the s of contracts "Davis v. American Family Mut. Ins. Co., 521 N.W.2d 366 (1994)"] 2 : a debt security (as a corporate or government bond) see also collateralized mortgage obligation 3 : what one is obligated to do, satisfy, or fulfill: as a : a commitment to pay a particular amount of money [does not create a debt, liability, or other , legal or moral "State v. Florida Dev. Fin. Corp., 650 So. 2d 14 (1995)"] ;also : an amount owed in such a commitment b : a duty arising from law, contract, or morality [had a legal as an employer] [a contractual ] 4 in the civil law of Louisiana : a relationship that binds one party to a performance (as a payment or transfer) or nonperformance for another party see also contract, offense, quasi-offen...
- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial