This document provides an overview of constitutional law topics including: common law and precedent; the structure and functions of trial and appellate courts; the US Supreme Court including justices and writs of certiorari; examples of Supreme Court cases; the decision-making process; types of opinions; when precedents are binding; finding opinions using citations; an overview of the US Constitution including the Bill of Rights; constitutional analysis of statutes; and an overview of the First Amendment.

1. Constitutional law COMM 502, Jan. 24, 2011

3. Stare decisis?

4. Actions regarding precedent?

5. Judicial decision (opinion)?

6. Parties to a case?

7. Case reporter?

8. Function of trial courts?

10. Writ of certiorari?

14. Concurrence vs. dissent

15. 5 – 4 plurality decision: not a binding precedent

16. Majority decision: binding precedent

17. Per curiam opinion

20. citation Miller v. California, 413 U.S. 15 (1973) Volume # of the case reporter # of starting page Plaintiff (appellant) Defendant Case reporter (abbreviated) Year case decided

21. CONSTITUTIONAL LAW

22. America gets a Constitution

23. September 17, 1787

25. Outlines duties, responsibilities and powers of various gov. bodies

28. Unconstitutional statute Vague Don’t provide fair notice of what is prohibited Too much power to enforcers

29. Unconstitutional statute Overbroad Statute prohibits more than necessary to achieve the purpose of the government

30. THE FIRST AMENDMENT

31. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.