Chapter 7 Lesson 4 Flashcards
an order a higher court issues to a lower court to obtain the records of the lower court in a particular case
writ of certiorari
a courts calendar, showing the schedule of cases it is to hear
docket
a judges or court’s workload of cases in a period of time
caseload
a written document explaining the position of one side or the other in a case
brief
the practice of using earlier rulings as a basis for deciding cases
stare decisis
a statement written by a justice who votes with the majority but for different reasons than the others
concurring opinion
a statement written by a justice who disagrees with the majority opinion, presenting his or her own opinion
dissenting opinion
a supreme court ruling on a case in which all justices agree on the ruling
unanimous opinion
happened in 1993 and decided in 1988, argued the first amendment under freedom of speech, Sensitive articles that included topics of teen pregnancy and the impact of divorce appeared in the school newspaper, and when the principal removed them it was argued that the student’s freedom of speech rights had been violated. The court sided with the principal in a vote of 5 to 3.
Hazelwood School District v. Kuhlmeier
happened in 1890 and decided in 1896, argued the fourteenth amendment. A man who was 7/8 black and 1/8 white refused to leave the white section of a train car and was arrested. The court sided with the railroad company in a vote of 7 to 1. This set the stage for discrimination for many years.
Plessy v. Ferguson
happened in 1951 and decided in 1954, this case argued the 14th amendment. In Topeka Kansas, 13 African-American families enrolled their children in white school systems. The schools ignored them so they took the case to court. The court sided with the families and in turn, it created more diversity in schools and white-only schools couldn’t reject black students.
Brown v. Board of Education
happened in 1935 and decided in 1940, argued the first amendment under freedom of speech & religion. Two people refused to salute the flag because they thought it was a form of idle worship which is forbidden by the bible. The school required them to salute the flag, and when they didn’t they were expelled. The court ruled with the school with a vote of 8 to 1. This case created the question of if the pledge affected religion.
Minersville School District v. Gobitis
happened in 1993, decided in 1943, and argued the first amendment under the freedom of speech and religion. The school stated a rule that all students must salute the flag, and when two students refused to because they were Jehovah’s Witnesses, they were sent home. The court sided with the students in a vote of 6 to 3. This case made it clear that the constitution protects people and allows them the freedom to refuse to do something that they don’t agree with.
West Virginia v. Barnette
Writ of certiorari is Latin for
“to be make more certain.”
Stare decisis means
to stand by decisions already made.
