jurisdiction to prescribe
jurisdiction to enforce
diversity jurisdiction
interstate commerce clause
federal supremacy
mandamus
affidavit
equity jurisdiction
equitable maxims
separation of powers
checks and balances
federalism
bill of rights
articles of confederation
commerce clause
dualism
monism
customary law
takings clause
federal preemption
in personam
in rem
due process
law of the land
multi factor balancing test
means ends review
dormant commerce clause
substantive due process
procedural due process
dormant commerce clause
positivism
natural law
vested rights
executory rights
hortatory rights
judicial parsimony
judicial economy
standing
mootness
ripeness
political question
self executing
direct effect
state action<
injunction
burden of proof
burden of production
proportionality
third party effect
dicta
holding
Due Process
Equal Protection
Law of the Land
PROBLEM
Occupy Main Street is an unincorporated association protesting financial corruption. It seeks to Zucco park, a privately owned park open to the public as a gathering point and protest in the city of Nork. The protestors distribute food to homeless people and distribute literature and offer English as a second language courses to immigrants in the park. The city of Nork wishes to ban the protestors. One local businessman “Joe’s Deli” also wishes to ban the protestors because he says they interfere with his business – his toilets are wrecked, he says, because of the protestors. Another local businessman, Karl’s Kampers, wishes that the protestors be permitted to protest.
PART 1)
Joe sues the protestors for tortious interference with his business: he requests damages for his toilets and an injunction banning the protestors. Karl sues to enjoin Joe from ejecting the protestors. You are the judge. How do you rule?
PART 2)
Nork has this law:
“The Safe Park Law”
Article 1. No person other than a police officer may have any weapons in any Nork park at any time.
Article 2. “Park” includes any land open to the public for purposes of rest, relaxation, play, and eating.
Nork passes a law:
Title “The No Park at Night Law”
Article 1. Any park in Nork is closed from sundown to sunrise.
Article 2. The police are empowered to enact reasonable regulations to enforce this law.
Article 3. Anyone caught in the park may be banned from the park.
Article 4. Anyone who wishes to gather in the park in a group of more than 5 people requires a police permit prior to using the park.
Nork State has a constitution which is identical to the U.S. constitution.
Are these laws constitutional? Why or why not? What challenges could be made to these laws? Would they succeed? Why or why not?
DEFINITIONS
Define: You may provide equivalent legal concepts in your own language as part of your definition.
————–
Dear Students,
Our last lecture in December is the 14th.
Our first session in January is on the 24th (constitutional law) and the 25th (corporate law). I believe that means I miss exactly three sessions, which we will have to reschedule.
This is why I have been going over time during our lectures.
I suggest: Saturday, 11 a.m. on the 28th of January and 4th February then lunch at 1, then an afternoon session with break. (Constitutional law)
And then the 11th and 12th, also starting at 11 a.m. and going into the afternoon for company law.
Our examination is currently scheduled for the 14th and 15th of February. It will consist of vocabulary, which you must define in English in a sentence or three. You may refer to the same concepts in your own language. The objective there is to make certain you understand basic legal terminology. The other part will be a case which you must resolve.
I Promise to give you a list of readings before the vacation so you can prepare. Remember: you get out of my course whatever you put into it.
Finally: you should have gotten two copies of this letter. If you did not, you must verify that you are properly registered with Ms. Starke.
For Constitutional law, against my better judgement, I attach the powerpoint. It isn’t quite finished yet but it will be in plenty of time for our lecture tomorrow. I know the case is huge, that’s the point: learning how to sift information.
Thank you,
Eric
http://engleunitedstatesconstitutionallaw.blogspot.com/
http://englehumboldtcorporatelaw.blogspot.com/
http://uslegalresources.blogspot.com/