What is Constitutional Law?
Constitutional law cases involve asserting rights protected under the United States and/or Virginia constitutions, including civil cases such as police brutality cases, and infringements upon an individual's civil rights. Constitutional protections prohibit discrimination based on gender, sexual orientation, race, religion, and national origin. Criminal defense also involves constitutional law, as do numerous other practice areas. Schedule a consultation with Denton Law today.
How is constitutional law unique?
Constitutional law is the collection of legal orders and guidelines provided in the United State Constitution and individual state constitutions. This law provides the protection of individuals' civil rights. These civil rights outline the law regarding discrimination based on gender, sexual orientation, race, religion, and national origin. Where civil litigation cases aim to settle disputes between two or more parties based on judicial decision, constitutional law cases seek repairs from damages directly outlined in the sovereign constitution present. Given that there are many state constitutions and one U.S. Constitution, matters involving state constitutions are filed in district or circuit court, whereas matters involving potential infringements upon the U.S. Constitution are filed in federal court.
Do these cases often go to trial? Do attorneys make a difference?
Cases that involve constitutional law are more likely to go to court rather than civil litigation disputes because these civil disputes require compromise amongst parties and constitutional law cases require compromise and civil rights. Given this likelihood, cases regarding the potential violation of one's civil rights may prove to be more financially taxing and more difficult to prove. Therefore, the difference an attorney makes in the outcome of a typical case is enormous. With the combined process of discovery and the difficulty of interpreting the national and state constitution involved, attorneys are valuable assets and will increase the likelihood of a favorable outcome.