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unconstitutional :: legal definition


Unconstitutional - adj. referring to a statute, governmental conduct, court decision or private contract (such as a covenant which purports to limit transfer of real property only to Caucasians) which violate one or more provisions of the U.S. Constitution. The ultimate determination of constitutionality is the U.S. Supreme Court. Unconstitutional can also refer to violations of a state constitution.

See also: constitution Supreme Court and Related Law Terms ↓


Related Law Terms

abortion :: n. the termination of pregnancy by various means, ... ed abortion continue in the future.
appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal."
Associate Justice :: n. a member of the U.S. Supreme Court appointed by ... acquitted.) See also: Supreme Court
certiorari :: n. (sersh-oh-rare-ee) a writ (order) of a higher c ... cedents (previously decided cases).
Chief Justice :: n. the presiding judge of any State Supreme Court ... nks of existing Associate Justices.
citation :: n. 1) a notice to appear in court due to the proba ... se is not in point." See also: cite
comity :: n. when one court defers to the jurisdiction of an ... of cases to which comity may apply.
constitution :: n. the fundamental, underlying document which esta ... ts common law constitutional rights
court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials.
Court of Customs and Patent Appeals :: n. a federal court established (1929) to hear appe ... lso: Customs Court patent trademark
dissent :: n. 1) the opinion of a judge of a court of appeals ... sagreement with prevailing thought.
first impression :: adj. referring to a legal issue which has never be ... s for both sides to assist him/her.
indigent :: 1) n. a person so poor and needy that he/she canno ... person who is very poor and needy.
judge :: 1) n. an official with the authority and responsib ... ice justice of the peace magistrate
jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue
kangaroo court :: n. 1) a mock court set up without legal basis, suc ... See also: star chamber proceedings
Miranda warning :: n. the requirement, also called the Miranda rule, ... me such a suspect? See also: rights
out of court :: adj. referring to actions, including negotiations ... is dismissed. See also: settlement
political question :: n. the determination by a court (particularly the ... ne-vote," as constitutional issues.
privileges and immunities :: n. the fundamental rights that people enjoy in fre ... t impinge on constitutional rights.
reports :: n. the published decisions of appeals courts in al ... ilable in almost all law libraries.
sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court
supra :: (sooh-prah) Latin for "above," in legal briefs and ... d as Guinn v. United States, supra.
supremacy clause :: n. Article VI, section 2 of the U.S. Constitution, ... f involving a constitutional issue.
Supreme Court :: n. 1) the highest court in the United States, whic ... rt in other states. See also: court

Popular Law Searches

legal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.
chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity
testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will
contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer
forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger."
mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor.
clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate.

Other Law Terms - U

UCC-1 :: n. a financing agreement form for using personal p ... (UCC) adopted in almost all states.
ultimate fact :: n. in a trial, a conclusion of fact which is logic ... is not evidence. See also: evidence
ultra vires :: (uhl-trah veye-rehz) adj. Latin for "beyond powers ... it is issued. See also: corporation
ultrahazardous activity :: n. an action or process which is so inherently dan ... sional auto race on public streets.
unclean hands :: n. a legal doctrine which is a defense to a compla ... ough. See also: affirmative defense
unconscionable :: adj. referring to a contract or bargain which is s ... ee also: adhesion contract contract
unconstitutional :: adj. referring to a statute, governmental conduct, ... ee also: constitution Supreme Court
under the influence :: n. one of many phrases for being drunk on alcoholi ... See also: driving while intoxicated
underwrite :: v. 1) to agree to pay an obligation which may aris ... antee guarantor insurer underwriter
underwriter :: n. a company or person which/who underwrites an in ... ss or project. See also: underwrite
undisclosed principal :: n. a person who uses an agent for his/her negotiat ... dispute. See also: agent principal
undivided interest :: n. title to real property held by two or more pers ... y by the entirety tenancy in common
undue influence :: n. the amount of pressure which one uses to force ... ounder. See also: will will contest
unfair competition :: n. wrongful and/or fraudulent business methods to ... ctices tend to harm one's business.
unified estate and gift tax :: n. in federal estate taxes, the value of the estat ... turn. See also: estate tax gift tax
Uniform Commercial Code :: n. a set of statutes governing the conduct of busi ... s except Louisiana. See also: UCC-1
unilateral contract :: n. an agreement to pay in exchange for performance ... consideration contract performance
uninsured motorist clause :: n. the clause in a policy of insurance on an autom ... l pay its insured's actual damages.
unissued stock :: n. a corporation's shares of stock which are autho ... poration share stock treasury stock
unjust enrichment :: n. a benefit by chance, mistake or another's misfo ... perty. See also: constructive trust