PLA 3306- Final Exam Guide - Comprehensive Notes for the exam ( 46 pages long!)
28 Mar 2018
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Federal and state jurisdiction: united states constitution, the authority of congress to make conduct criminal comes from the u. s. constitution, congress has no general authority to enact criminal laws; Congress must act pursuant to an enumerated power granted to. Congress in the constitution: article i, u. s. const. State constitution, then the state law is valid: approximately 90& of all criminal cases are at the state level. The state presented two theories: (1) these words are obscene --- the court said that obscenity applies only to material that depicts or describes sexual conduct. No one could seriously argue that cohen was advocating having intercourse with the draft. (2) the state"s second argument was that these words were fighting words as defined in. A group of anti- abortion protesters picketed in front of an abortion doctor"s private residence (not an abortion clinic): the court used the doctrine of separation of powers to interpret the ordinance.
