Knowledge rails
American Law Library
Primary-source text embedded directly into Attornium. Sharon Justice cites from these rails and never asserts authority that is not present here.
Rail entries
58
Amendments
Constitution articles
7
Doctrines
8
Article I — Legislative Power
ConstitutionU.S. Const. art. I
All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.
Article II — Executive Power
ConstitutionU.S. Const. art. II
The executive Power shall be vested in a President of the United States of America.
Article III — Judicial Power
ConstitutionU.S. Const. art. III
The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.
Article IV — States' Relations
ConstitutionU.S. Const. art. IV
Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State.
Article V — Amendment Process
ConstitutionU.S. Const. art. V
The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments…
Article VI — Supremacy Clause
ConstitutionU.S. Const. art. VI, cl. 2
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby…
Article VII — Ratification
ConstitutionU.S. Const. art. VII
The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same.
First Amendment — Speech, Religion, Press, Assembly, Petition
AmendmentU.S. Const. amend. I
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.
Second Amendment — Right to Keep and Bear Arms
AmendmentU.S. Const. amend. II
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
Third Amendment — Quartering of Soldiers
AmendmentU.S. Const. amend. III
No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
Fourth Amendment — Searches and Seizures
AmendmentU.S. Const. amend. IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Fifth Amendment — Due Process, Self-Incrimination, Takings
AmendmentU.S. Const. amend. V
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury… nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Sixth Amendment — Rights of the Accused
AmendmentU.S. Const. amend. VI
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed… to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.
Seventh Amendment — Civil Jury Trial
AmendmentU.S. Const. amend. VII
In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.
Eighth Amendment — Bail, Fines, Punishment
AmendmentU.S. Const. amend. VIII
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Ninth Amendment — Unenumerated Rights
AmendmentU.S. Const. amend. IX
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Tenth Amendment — Reserved Powers
AmendmentU.S. Const. amend. X
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Eleventh Amendment — State Sovereign Immunity
AmendmentU.S. Const. amend. XI
The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.
Twelfth Amendment — Electoral Process
AmendmentU.S. Const. amend. XII
The Electors shall meet in their respective states and vote by ballot for President and Vice-President…
Thirteenth Amendment — Abolition of Slavery
AmendmentU.S. Const. amend. XIII
Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
Fourteenth Amendment — Citizenship, Due Process, Equal Protection
AmendmentU.S. Const. amend. XIV, § 1
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Fifteenth Amendment — Race and Voting
AmendmentU.S. Const. amend. XV
The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.
Sixteenth Amendment — Income Tax
AmendmentU.S. Const. amend. XVI
The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.
Seventeenth Amendment — Direct Election of Senators
AmendmentU.S. Const. amend. XVII
The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote.
Eighteenth Amendment — Prohibition (Repealed)
AmendmentU.S. Const. amend. XVIII (repealed 1933)
After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States… for beverage purposes is hereby prohibited.
Nineteenth Amendment — Women's Suffrage
AmendmentU.S. Const. amend. XIX
The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.
Twentieth Amendment — Terms and Succession
AmendmentU.S. Const. amend. XX
The terms of the President and Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3d day of January…
Twenty-first Amendment — Repeal of Prohibition
AmendmentU.S. Const. amend. XXI
The eighteenth article of amendment to the Constitution of the United States is hereby repealed. The transportation or importation into any State… of intoxicating liquors, in violation of the laws thereof, is hereby prohibited.
Twenty-second Amendment — Presidential Term Limits
AmendmentU.S. Const. amend. XXII
No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once.
Twenty-third Amendment — District of Columbia Electors
AmendmentU.S. Const. amend. XXIII
The District constituting the seat of Government of the United States shall appoint… a number of electors of President and Vice President equal to the whole number of Senators and Representatives in Congress to which the District would be entitled if it were a State…
Twenty-fourth Amendment — Poll Taxes
AmendmentU.S. Const. amend. XXIV
The right of citizens of the United States to vote in any primary or other election for President or Vice President… shall not be denied or abridged by the United States or any State by reason of failure to pay any poll tax or other tax.
Twenty-fifth Amendment — Presidential Disability
AmendmentU.S. Const. amend. XXV
In case of the removal of the President from office or of his death or resignation, the Vice President shall become President… Whenever the President transmits… his written declaration that he is unable to discharge the powers and duties of his office, such powers and duties shall be discharged by the Vice President as Acting President.
Twenty-sixth Amendment — Voting Age
AmendmentU.S. Const. amend. XXVI
The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age.
Twenty-seventh Amendment — Congressional Compensation
AmendmentU.S. Const. amend. XXVII
No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened.
Custodial Interrogation Warnings
RightMiranda v. Arizona, 384 U.S. 436 (1966)
Prior to custodial interrogation a person must be warned of the right to remain silent, that statements may be used against them, and of the right to counsel, appointed if indigent.
Right to Appointed Counsel
RightGideon v. Wainwright, 372 U.S. 335 (1963)
An indigent defendant facing imprisonment is entitled to counsel appointed at public expense.
Equal Protection of the Laws
RightU.S. Const. amend. XIV, § 1
No State shall deny to any person within its jurisdiction the equal protection of the laws.
Writ of Habeas Corpus
RightU.S. Const. art. I, § 9, cl. 2; 28 U.S.C. § 2254
The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.
Constitutional Privacy Interests
RightGriswold v. Connecticut (1965); Katz v. United States (1967)
Zones of privacy arise from the First, Third, Fourth, Fifth, Ninth, and Fourteenth Amendments; the Fourth Amendment protects reasonable expectations of privacy.
Stare Decisis
DoctrineCommon law — Planned Parenthood v. Casey (1992)
Courts adhere to precedent absent special justification: workability, reliance interests, doctrinal coherence, and changed factual understanding.
Procedural Due Process
DoctrineMathews v. Eldridge, 424 U.S. 319 (1976)
Balance the private interest affected, the risk of erroneous deprivation and value of added safeguards, and the government's interest including administrative burden.
Negligence — Prima Facie Case
DoctrineRestatement (Third) of Torts §§ 3, 6, 29
Duty, breach of the standard of reasonable care, actual cause, proximate (scope-of-liability) cause, and damages.
Contract Formation and Good Faith
DoctrineRestatement (Second) of Contracts §§ 17, 71, 205; U.C.C. art. 2
Mutual assent plus consideration forms a contract. Every contract imposes a duty of good faith and fair dealing in performance and enforcement.
Hearsay Rule and Exceptions
DoctrineFed. R. Evid. 801–807
Hearsay is an out-of-court statement offered for the truth of the matter asserted, inadmissible unless an exclusion or exception applies.
Spoliation and Litigation Hold
DoctrineFed. R. Civ. P. 37(e); Zubulake v. UBS Warburg (S.D.N.Y. 2003)
A party must preserve electronically stored information once litigation is reasonably anticipated; loss with intent to deprive permits adverse-inference or dismissal sanctions.
Attorney-Client Privilege and Work Product
DoctrineUpjohn Co. v. United States (1981); Fed. R. Civ. P. 26(b)(3)
Confidential communications between client and counsel for the purpose of legal advice are privileged; materials prepared in anticipation of litigation receive work-product protection.
Unauthorized Practice of Law
DoctrineABA Model Rules of Prof'l Conduct r. 5.5
A person may not practice law in a jurisdiction in violation of that jurisdiction's regulation of the legal profession.
Civil Action for Deprivation of Rights
Statute42 U.S.C. § 1983
Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State… subjects, or causes to be subjected, any citizen of the United States… to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured…
Title VII — Employment Discrimination
Statute42 U.S.C. § 2000e-2
It shall be an unlawful employment practice for an employer to fail or refuse to hire or to discharge any individual… because of such individual's race, color, religion, sex, or national origin.
Americans with Disabilities Act
Statute42 U.S.C. § 12112
No covered entity shall discriminate against a qualified individual on the basis of disability in regard to job application procedures, hiring, advancement, discharge, compensation, job training, and other terms and conditions of employment.
Scope of Discovery
RuleFed. R. Civ. P. 26(b)(1)
Parties may obtain discovery regarding any nonprivileged matter that is relevant to any party's claim or defense and proportional to the needs of the case…
Motion to Dismiss Standard
RuleFed. R. Civ. P. 12(b)(6); Ashcroft v. Iqbal (2009)
A complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face.
Statutes of Limitation and Repose
RuleState-specific; see 28 U.S.C. § 1658 for federal catch-all
A claim must be filed within the limitations period, which generally begins to run on accrual and may be tolled by discovery, fraudulent concealment, or disability.
Freedom of Information Act
Statute5 U.S.C. § 552
Each agency shall make available to the public… records promptly on any request which reasonably describes such records, subject to nine enumerated exemptions.
Presumption of Innocence
MaximCoffin v. United States (1895)
The accused is presumed innocent until the government proves every element beyond a reasonable doubt.
Audi Alteram Partem
MaximCommon law
Hear the other side — no party may be condemned unheard.
Ignorantia Juris Non Excusat
MaximCommon law
Ignorance of the law does not excuse violation of it.
Res Judicata / Claim Preclusion
MaximRestatement (Second) of Judgments § 24
A final judgment on the merits bars relitigation of claims that were or could have been raised between the same parties.