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Simple English definitions for legal terms

Brandeis rules

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A quick definition of Brandeis rules:

Brandeis Rules: A set of principles used by the U.S. Supreme Court to decide constitutional questions only when necessary and to avoid them if the case can be decided on another issue. These rules were created by Justice Brandeis and include policies such as not deciding a constitutional question in a friendly suit, not creating a rule of constitutional law that is broader than necessary, and not ruling on the constitutionality of a statute unless the plaintiff is harmed by it. The court also should not rule on the constitutionality of an act of Congress without first analyzing whether it can be interpreted in a way that avoids the constitutional question.

A more thorough explanation:

Brandeis Rules, also known as Ashwander Rules, are a set of principles that guide the U.S. Supreme Court in deciding constitutional questions only when necessary and avoiding them if the case can be resolved on another issue.

The rules were outlined in Justice Brandeis's concurring opinion in Ashwander v. Tennessee Valley Authority, a 1936 case. The principles include:

  • Not deciding a constitutional question in a friendly suit
  • Not anticipating a question of constitutional law
  • Not creating a rule of constitutional law that is broader than necessary
  • Not deciding a constitutional issue if the case can be resolved on another ground
  • Not ruling on the constitutionality of a statute unless the plaintiff is harmed by the statute or has accepted its benefits
  • Not ruling on the constitutionality of an act of Congress without first analyzing whether it can be construed in a way that avoids the constitutional question

For example, if a person challenges a law that they have not been affected by, the court may not rule on the constitutionality of the law because the person has not been harmed by it. Similarly, if a case can be resolved on a non-constitutional issue, the court may avoid ruling on the constitutional question.

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I'm gonna say it: destiny is hot
lilypadfrog
20:04
no
20:05
@windyMagician: u dont know what youre talking about
lilypadfrog
20:05
what’s next. mr. beast is hot? let’s get serious here
20:05
get real
lilypadfrog
20:05
get a grip buddy
its okay if you hate me, they hated jesus
Dkk
20:06
Asmongold, super hot especially after a 72 hour no shower session.
lilypadfrog
20:06
I don’t even know who that is
lilypadfrog
20:06
Dk is a new kind of pervert
Dkk
20:06
I just found out about that guy a week ago but he is actually a big streamer. Sam Hyde told me about him.
lilypadfrog
20:07
your good personal friend Sam Hyde
YouTube is recommending sam hyde to me thanks to dk
Dkk
20:07
Lmfao, that would be cool but nah. Told me about him in a super secret leaked video called "Dear Elon"
lilypadfrog
20:08
I almost saw a picture of Nick Mullen’s penis once
Dkk
20:09
Classic Season 1/2 cumtown leak.
lilypadfrog
20:09
He sent it to my friend
Well I look like a bum, use to my work computer not allowing us to send emails without a subject and sent one without a subject to UTK. Blame the newborn baby brain
20:10
@BulbasaurNoLikeCardio: wow you are really impressive applying to law school as a newborn baby
20:10
.
Dkk
20:11
@lilypadfrog: Speaking of Destiny and Nick. Still seems like Nick is leaking graphic content: https://x.com/brandonpagano/status/1881468884798365804
lilypadfrog
20:11
I read that as you sent them a pic of the baby for a second
kjds are getting crazier
texaslawhopefully
20:11
Sorry to interrupt this scintillating conversation but uchicago needs to release tmrw 😭
20:11
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20:12
sorry
are we not going to get context on nick mullen sending nudes to your friend
lilypadfrog
20:13
he was sexting anyone back in the day and she’s cute
awww
New born baby brain is what you get when you can only sleep in small increments for days straight lol and if I sent them a picture of her I would of gotten a second A so she can attend full ride
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