North Dakota Complaint For False Arrest and Imprisonment - 4th and 14th Amendment, US Constitution - Jury Trial Demand

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Multi-State
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US-000280
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This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.

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FAQ

After the passage of the Fourteenth Amendment, the Supreme Court, through a string of cases, found that the Due Process clause of the Fourteenth amendment included applying parts of the Bill of Rights to States (referred to as incorporation).

Although the Supreme Court may hear an appeal on any question of law provided it has jurisdiction, it usually does not hold trials. Instead, the Court's task is to interpret the meaning of a law, to decide whether a law is relevant to a particular set of facts, or to rule on how a law should be applied.

Even years after the ratification of the Fourteenth Amendment, the Supreme Court in United States v. Cruikshank (1876) still held that the First and Second Amendment did not apply to state governments.

U.S. Constitution Equal protection forces a state to govern impartially?not draw distinctions between individuals solely on differences that are irrelevant to a legitimate governmental objective. Thus, the equal protection clause is crucial to the protection of civil rights.

Over a succession of rulings, the Supreme Court has established the doctrine of selective incorporation to limit state regulation of civil rights and liberties, holding that many protections of the Bill of Rights apply to every level of government, not just the federal.

The Supreme Court has also used the Equal Protection Clause to prohibit discrimination on other bases besides race. Most laws are assessed under so-called ?rational basis scrutiny.? Here, any plausible and legitimate reason for the discrimination is sufficient to render it constitutional.

14th Amendment - Citizenship Rights, Equal Protection, Apportionment, Civil War Debt.

Third, it protects civil rights and liberties by striking down laws that violate the Constitution. Finally, it sets appropriate limits on democratic government by ensuring that popular majorities cannot pass laws that harm and/or take undue advantage of unpopular minorities.

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North Dakota Complaint For False Arrest and Imprisonment - 4th and 14th Amendment, US Constitution - Jury Trial Demand