how do you answer constitutional law questions?

Question

in a manner where you site cases and provide authority

Answer 1

If this is for an essay and you have time for research then you use a treatise on constitutional law. There are also resources online.

The US Supreme Court rules on the federal constitution. State supreme courts (in NYS the Court of Appeals -- their supreme court is the lowest court of general jurisdiction, following English practice) rule on state constitutions. Here's an example where a state law on double jeopardy was stricter than the federal rule: http://www.uniset.ca/naty/maternity/192P2d449.htm (in federal practice, two different sovereigns can prosecute the same offense, California law (only) is different).

Citing a US Supreme Court case is easy. You go to http://www.lexisone.com (free registration required) or to http://justia.us (uses Google searching rules which may be more familiar to you) and you look for what you want -- key words, etc. Supreme Court cases are cited in the pattern "Smith v. Jones, 123 U.S. 456 (19XX)".

Most Supreme Court constitutional law cases are famous: Roe v. Wade (abortion), Loving v. Viriginia (miscegenation), Lawrence v. Texas (sodomy), Miranda v. Arizona (right to warnings upon arrest), Gideon v. Wainwright (right to counsel). And so on.

Answer 2

If is questions on the Irish constitution the best manner of answering is to take the issue which has a Constitution doubt and from there see what the general consensus of the populous is .The reason for this is usually the problem will end up on the referendum table and then may become a political issue ,where there will be on party fighting to avoid a change in the const.and the other side wanting change for the simple change .With regards to citing case law well those cases were prevelent at the time and may not be any where near target now. Reason for this "The times they are a changing " unquote Bob Dylan (or Robert Zimmerman) depending when one was born.

Answer 3

Hi Tankiss,

Answering these questions is no different to any other area of law.

Use IDEA.

Identify the area of law
Define the law
Explain the law.
Apply the law.

It is not clear if you are studying law or it is a unit you have to do as part of another subject.

Either way, this is what a citation looks like

Smith v Jones [2001] 1 WLR 112

This gives you the names of the parties, [The year] Volume, Reporting body, paragraph number.

There may not always be a volume number so don't worry if you can't see one. It may look like this Smith v Jones [2001] TLR 207.

If you wish to quote something a judge said then your citation will look like this.

Smith v Jones [2001] 2 All ER 227 at 291. The 291 gives the paragraph number the quote was taken from.

Hope this gives you a start.

Good luck

Answer 4

You need "The Bluebook" a uniform system of citation....it's the bible for citation. I'll look up the citation format for constitutional law and repost. Also, for cites to make any sense and to do them correctly, you need to understand legal research and a know your way around a law library.

To cite directly from a constitution:

U.S. Const. art I § 9, cl. 2

U.S. Const. amend XIV, § 2

An example of a case law cite:

Jackson v. Metropolitan Edison Co., 348 F. Supp. 954, 956-58 (M.D. Pa. 1972)

Herrick v. Lindley, 391 N.E.2d 729, 731 (Ohio 1979)

Answer 5

honestly, you do have an extremely valid factor...the tax code, even as replaced in mid-3 hundred and sixty 5 days, is largely an ex submit facto regulation and is, in theory, unconstitutional; although, that hasn't ever been challenged. the authentic factor of the AIG project isn't a lot that its an ex submit facto regulation, that's likewise a invoice of attainment. which means that the regulation is designed to target particular persons that is also unconstitutional...Congress is attentive to this, they are only taking area in political video games...this living house invoice will die a quiet lack of life contained in the Senate and could not in any respect attain the President's table.

Answer 6

Well you need to study up on the particular laws and their precedents. You could probably do this by entering the information you are seeking in to the yahoo search engine.

Answer 7

Go to a law library and look it up.(A college or university that gives law degrees.