Cases Flashcards
Marbury v Madison
established judicial review in the US
Wickard v Filburn
showed the sheer regulatory power of the federal government concerning the commerce clause
*Under EC
Burwell v Hobby Lobby Stores
context: HL can’t be forced to provide contraceptives because against faith
- USSC said this is okay because it is not our compelling interest
US v O’Brien (1968)
burning draft cards was made illegal and showed us that we have laws that limit our 1st amendment rights during a time of war
US v Cruikshank
USSC determined that 2nd Amendment doesn’t protect someone’s right to a gun, it just prevents the federal government from seizing them (nothing abt states or other individuals)
Presser v Illinois
reiterating that it is the state’s role to take away or not take away guns
US v Miller (1939)
requires tax on production and registration for owning a gun; this was the first example of a federal law that regulates what kind of guns you can have
Ohio v Terry (1968)
for police to stop someone, they need reasonable suspicion (see something telling) that their safety is endangered
Weeks v US (1914)
Exclusionary rule was created, but applied only to the federal government at this point
Mapp v Ohio (1961)
Incorporated exclusionary rule to the states according to the 4th Amendment
Miranda v Arizona (1965)
Made the “Pleading the 5th” right against self incrimination apply to police prosecution not just in court
- Miranda Law
Salinas v Texas (2013)
USSC decided that the 5th amendment does not establish a complete right to remain silent. it only guarantees that criminal defendants cannot be forced to testify
Blueford v Arkansas (2012)
clarified the limits of the double jeopardy clause
Furman v Georgia (1952)
unfair death penalties and more regulations regarding the death penalty were added
Gregg v Georgia (1956)
the death penalty applied appropriately does not violate the 8th and 14th amendments
Griswold v Connecticut (1965)
Griswold Won: How are you going to enforce the law of making contraception illegal without infringing on people’s privacy
Roe v Wade
Decided US constitution protects a woman’s right to have an abortion
Planned Parenthood v Casey
decided minors do need abortion consent, because it is not a violation of their privacy
Barron v Baltimore (1833)
Bill of rights now applies to states
Chicago, Burlington and Quincy Railroad v City of Chicago (1894)
incorporated takings clause of 5th amendment into due process clause of the 14th amendment by: requiring states to provide just compensation for seizing private property
Kelly v Grinwell (1984 NJ Supreme Court)
Ex post facto (law created after the case but they were still found liable)
Sutter v Hutchings (1985) (GA Supreme Court)
if you serve alc to a minor and they leave your house and then injure a 3rd party, you are liable
Fasset v DKE (PA Supreme Court) (1986)
liable of per se negligence
Grimshaw v Ford
Case established that money damages would be this high
BMW v Gore
Term Goring Punitive came from; decided that punitive damages have to be proportional to compensatory damages
Exxon Valdez Case
point: certain statutes that limit punitives
State Street Bank v Ernst (1938)
company ended up defaulting on the loan, so state street bank sued the company and ernst
- accountants standard of proof was lowered all you have to prove is recklessness
Kelo v City of New London (2005)
government can also decrease your property value and compensate you for that decrease
