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12th Govt > Court Cases > Flashcards

Court Cases Flashcards

1
Q

Scott v. Sandford

A

Details: Dred Scott would make a claim for his freedom when he was hired out in a free territory (Wisconsin)
Question: Was Dred Scott free or a slave
Ruling: 7 to 2 that people of African decent imported to US and held slaves, their decedents weren’t legal and they could never be citizens of US
US congress had no authority to prohibit slavery in territories

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2
Q

Plessy v. Ferguson

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Details: Louisiana had law w/segregated trains; Plessy refused to leave white car and was arrested; court rejected his argument to violation of 14th am.
Question: Did Louisiana law requiring racial segregation on trains infringe on 14th amendment rights
Ruling: 7 to 1; court contend that law separated the 2 races as a public policy matter
-established separate but equal

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3
Q

Brown v. Board of Education of Topeka

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Details: 3rd Grader tried to enroll in closest school (white school) was denied; used “doll test” to present argument of segregation impact on mental status; ruled ‘separate but equal’ facilities are unequal
Question: Does segregation on basis of race deprive children of protection of the 14th amendment?
Ruling: unanimous that “separate but equal” education facilities are unequal; racial segregation is violation of Equal Protection Clause

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4
Q

Regents of the University of California v. Bakke

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Details: medical school student, Bakke (white male) denied admission 2 years;
Question: Did university violate 14th am. equal protection clause by practicing affirmative action resulting in Bakke’s rejection?
Ruling: 5 to 4 that the quota system was unconstitutional

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5
Q

United States v. Virginia

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Details: Virginia military institution only male admission policy- had ‘separate but equal’ program for women
Question: Did Virginia’s women only academy satisfy the equal protection clause
Ruling: strike down VMI admission policy

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6
Q

Bowers v. Hardwick

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Details: had warrant for arrest; missed court date; officer showed up weeks later to arrest him on recalled warrant; went in bedroom- Hardwick and other male arrested for sodomy
Question: Does the Const. protect right of homosexuals to engage in consensual sodomy
Ruling: right of privacy didn’t extend to consensual sexual conduct of homosexual acts

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7
Q

Lawrence v. Texas

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Details: John Lawrence and Tyron Garner engaging in consensual anal sex; Deputy entered unlocked apartment after ‘call of weapon disturbance’ and drew weapon; were arrested
Question: Does Texas’s homosexual law violate 4th and 14th am.
Ruling: 6 to 3 to strike down Texas law; overturned Bowers v. Hardwick

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8
Q

Obergefell v. Hodges

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Details: couple married in Maryland (where same sex marriage was recognized); Ohio didn’t recognize it and would not allow Obergefell to be survivor of Arthur’s estate. Argued it violated the Equal Protections clause and due process clause of 14th am.
Question: Does the 14th Am. require a state to recognize same sex marriage licensed in another state?
Ruling: 5 to 4 for Obergefell; must recognizes marriages; 14 am. applies to personal choices (marriage)

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9
Q

Griswold v. Connecticut

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Details: Connecticut had law preventing all birth control- Estelle Griswold and physician opened birth cont. clinic to test law again
Question: Does the Const. protect the right of marital privacy against restrictions on contraception
Ruling: 7 to 2; Const. protected right to privacy; it was a violation of “privacy of married couples”

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10
Q

Eisenstadt v. Baird

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Details: Baird handed condom to single woman; Mass law required contraception only to be distributed by registered doctors to married people
Question: Does the Const. protect a right to privacy for unmarried people?
Ruling: 6 to 1 for Baird; Massachusetts law not designed to protect public health and lacked a rational basis; applied right to privacy in Griswold v. Conn. extended decisions by unmarried couples

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11
Q

Roe v. Wade

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Details: woman wanted abortion but was against Texas law. argued abortion was a right to privacy
Question: Did Texas’s law prohibiting abortion violate a woman’s right to privacy?
Ruling: 7 to 2 to strike down Texas abortion laws; right to privacy is broad enough to cover abortion. established trimesters that attempt to balance state’s legitimate interests against abortion right.

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12
Q

Gonzales v. Carhart

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Details: partial abortion ban; Carhart was NE abortion provider
Question: Did the partial birth abortion ban place an undue burden on women seeking an abortion?
Ruling: 5 to 4 that respondents failed to show congress lacked authority to ban this abortion procedure.

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13
Q

Kyllo v. United States

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Details: fed. agent used thermal imaging to record heat being emitted from Kyllo’s home that contained marijuana plants
Question: Does thermal imaging constitute a search, thus requiring a search warrant?
Ruling: 5 to 4 thermos imaging of Kyllo’s home required s. warrant

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14
Q

Illinois v. Wardlow

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Details: officers patrolling high drug area in Chicago- perform search on Wardlow who was fleeing area- found a weapon
Question: Does fleeing in a high crime area from police create reasonable cause for stop and search?
Ruling: police didn’t violate 4th am; officer was justified in suspecting criminal activity

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15
Q

Mapp v. Ohio

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Details: received tip Mapp and daughter were harboring bomb fugitive; demanded entrance to house-
Mapp asked to see warrant- police gave fake warrant;
searched house and found chest of porn/objects
Question: Is evidence obtained in an illegal search admissible in court?
Ruling: Mapp- govt cannot use evidence gained in illegal search

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16
Q

New Jersey v. T.L.O.

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Details: freshmen caught smoking; 1st girl admitted, 2nd denied; forced to hand over purse–found marijuana, etc.
Question: Does the exclusionary rule apply to public schools?
Ruling: search was protected under 4th am.

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17
Q

Vernonia School District 47J v. Acton

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Details: School began random drug testing due to increase in drug use; athletes were required to drug test in order to participate
Question: Does random drug testing of student athletes violate 4th am?
Ruling: school did not violate; school has duty to maintain safety and order

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18
Q

Riley v. California

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Details: arrested after traffic stop and firearms were discovered
-phone was searched–contained evidence connecting him to a previous murder
Question: Was the evidence from the cell phone discovered in a valid search?
Ruling: Unanimous for Riley. Officer can check for weapons but cellphone evidence cannot be used and needs a search warrant. Cellphones are part of privacy of life.

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19
Q

Gideon v. Wainwright

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Details: Gideon arrested for burglary of pint of wine;
-forced to represent himself in court
Question: Did the state court’s failure to appoint counsel for Gideon violate his right to a fair trial?
Ruling: Unanimous for Gideon
right to assistance of counsel was fundamental right and essential for fair trial.

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20
Q

Miranda v. Arizona

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Details: Miranda arrested for kidnap and rape of 18 yr.o.
-confessed to robbery and rape under interrogation; request was denied b/c he didn’t ask for attorney during questioning
Question: Does the police practice of interrogating individuals. w/out informing them of their rights violate the 5th amendment?
Ruling: statements made can only be used if defendant was informed of their right to an attorney before questioning

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21
Q

Furman v. Georgia

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Details: was robbing a man’s house- he woke up; Furman says he tripped an weapon fired, killing the victim
-was sentenced to death
Question: Does the inconsistency application of the Death Penalty constitute cruel and unusual punishment?
Ruling: other concurrences focus on arbitrary nature on which death sent. have been imposed

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22
Q

Roper v. Simmons

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Details: 3 planned to commit burglary and murder- breaking and entering, throwing victim off bridge;
Tessmer dropped out
Simmons confessed, created reenactment of murder.
Question: Is it cruel and unusual p. to execute minors?
Ruling: yes; juveniles lack maturity and sense of responsibility

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23
Q

Ford v. Wainwright

A

Details: convicted of murder; sentenced to death;
-3 psychiatrists conclude he was mentally ill but capable of understanding nature of the death penalty
Question: Is executing the mentally ill cruel and U. pun.
Ruling: yes

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24
Q

Atkins v. Virginia

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Details: abducted convenience store employee, forced him to withdraw $200, then shot him at isolated location
-Atkins IQ showed he was mildly mentally retarded
Question: is it C&U punishment to execute mentally retarded?
Ruling: yes

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25
Marbury v. Madison
Details: presidential election; Thomas J. beat John Adams; Adams appointed 16 judges; Marshall assumed James Madison would finish delivering commissions; -Marbury didn't receive his Question: did Marbury have right to the commission? Dow laws of the country give Marbury a legal remedy Ruling: yes
26
McCulloch v. Maryland
Details: Maryland passes act taxing all banks that weren't chartered by the Legislature; James McCulloch refused to pay tax Question: Does US govt have right to charter banks and can the states tax them Ruling: 5-0 for McCulloch; congress had power to charter bank; -has implied powers for implementing the constitution, express powers to create a functional govt.
27
United States v. Nixon
Details: Watergate scandal; turned in edited tapes; -Nixon claimed to have executive privleges Question: Does the president have right to executive privilege. free of judicial review? Ruling: reject Nixon's claim
28
South Dakota v. Dole
Details: pass drinking law- withheld 5% of fed. aid highway act funds from states who didn't adopt min age of 21 for alcohol use Question: can US govt. require a min. drinking and tie it to highway funds? Ruling: yes
29
Tinker v. Des Moins Independent Community School
Details: wear armbands to protest Vietnam war; School suspends them Question:is symbolic speech protected by 1st am? Ruling: yes; tinker's symbolic speech was not disruptive
30
Bethel School District v. Fraiser
Details: gives speech w/sexual innuendos; Was suspended from school and prohibited from speaking at graduation Question: was Fraser's speech obscene and was it protected by the 1st am? Ruling: school didn't violate 1st am; -reverses Tinker v. Des Moines decision
31
Morse v. Frederick
Details: Frederick and friends held banner for TV cameras during Olympic torch passing; school seized banner and suspended Question: is speech referring to drug use in a school setting protected under 1st am? Ruling: school didn't violate since banner was at a school event
32
Schnek v. United States
Details: Charles Schnek distributed leaflets advocating opposition to the draft to men eligible for drafting Question:mcan speech be limited in times of war or crisis? Ruling: 1st am doesn't protect speech encouraging insubordination; -established clear and present danger test
33
New York Times v. Sullivan
Details: New York Times carried add soliciting funds to defend Martin L. K. Jr. against Alabama perjury indictments Question: Do public officials have higher standard to prove libel? Ruling: established the actual malice standard
34
Miller v. California
Details: operated west coast's largest mail-order business of sexually explicit material; conducted mass mailing campaign with illustrated "adult books" -found guilty for violating California law for distributing obscene material Question: is obscene speech protected? Ruling: obscene material is protected by 1st am. -established the miller test
35
Hustler Magazine v. Falwell
Details: published magazine of protestant minister for advertisement of popular alcoholic drink Question: does speech concerning public figures have more or less protection under 1st am. Ruling: protecting free speech surpasses interest of protecting reputation
36
Texas v. Johnson
Details: poured kerosinee on Am. flag and set on fire to protest policies of Reagan Admin. Question: is symbolic speech that is considered offensive, protected Ruling: yes
37
Reno v. ACLU
Details: Question: Ruling: for ACLU b/c regulations amounted to a content-based blanket restriction
38
Hazelwood v. Kuhlmeier
Details: school newspaper; 2 articles had issues of current students and were considered inappropriate Question: Did principal's censorship of articles violate 1st am. Ruling: 1st am. didn't require schools to promote particular types of student speech
39
Snyder v. Phelps
Details: US marine lance corporal killed; funeral was picketed by baptist church for increasing tolerance of homosexuality Question: does 1st am protect funeral protests from charges of inflicting distress Ruling: yes it is protected
40
Abington School District v. Schempp
Details: Schempp protested his children having to hear portions of bible as part of public education Question: did it violate 1st am? Ruling: yes because readings were essentially religious ceremonies
41
Wisconsin v. Yoder
Details: 3 Amish students dropped out at 8th grade; Wisconsin required more education Question: did the law violate Amish's right to religion? Ruling: yes; the free exercise of religion outweighed state's interest in compelling school attendance
42
Chuch of Lukumi Babalu Aye v. City of Hialeah
Details: Carribean based religion- sacrificed animals; city adopted ordinances on religious sacrifice Question: did city violate church's freedom of religion Ruling: yes;
43
Lee v. Weisman
Details: principal invited jewish rabbi fro speak at graduation; Deborah weisman's parents sought induction of rabbi speaking Question: did the school's prayer at grad. violate Weisman's freedom of religion? Ruling: yes for Weisman; govt. involvement in this case created state sponsored and state directed religious exercise in a public school
44
Burwell v. Hobby Lobby
Details: Hobby L. didn't want to supply contraception under health care act Question: Ruling: Religious Freedom Restoration Act- hobby lobby can be considered a person, therefore infringing on freedom of religion
45
Boy Scouts of America v. Dale
Details: prevented Dale from being Boy Scout leader because he was gay Question: Ruling: Boy Scouts have the right to decide their members
46
The United States has found the death penalty cruel and unusual punishment for...
rape execution of minors execution of mentally ill execution of mentally retarded
47
What is considered supreme
federal law and the Constitution
48
When is a search considered reasonable
- probable cause | - or have a search warrant
49
Explain why you must be given a lawyer and told of your rights when in police custody
It's a due process protection to ensure your rights are not being violated
50
Medium answer: Describe how any of the Supreme C. decisions directly impact you
``` Medium answer: Pick case and how it applies to you Roe v. Wade Miranda v. Arizona -maybe school speech, cell phone, abortion ```
51
Medium answer: Explain how the Supreme C. can reverse previous decisions give examples
reason: social attitudes change examples: 2 cases where one reverses other Plessy v. Ferguson and brown v board of ed. Bowers v hardwick and Lawrence v. Texas
52
Multiple choice and short answer for vocab: | judicial review
Power of the court to determine if an act of govt is constitutional
53
cruel and unusual punishment
Punishment that is excessive violating someone's rights | Ex: hanging, electric chair, shooting gallery
54
clear and present danger
Speech during times of crisis or war that may cause harm; unprotected speech
55
actual malice
Unprotected; speech that is known to be false with the intent to harm someone's reputation
56
affirmative action
Educational and employment policy intended to increase diversity by encouraging minority participation
57
symbolic speech
Protected speech; speech that does not use words spoken or written Ex: flag burning, flipping someone off
58
obscene
Unprotected speech that fails the Miller test
59
miller test
To determine obscenity; 3 parts 1. Applying community standards; Appeals to your sexual desires 2. Describes or depicts sexual or excretory function 3. Lacks political, scientific, social, or artistic value
60
trimester test
Pregnancy is divided into 3 trimesters Tri 1- govt can not prohibit or regulate abortion Tri 2- govt may regulate abortion and must have exceptions for health of the mother Tri 3- govt may prohibit abortion except if there's exceptions for mothers health
61
miranda rights
Must be read to people arrested as part of their due process rights; Right to remain silent, right to an attorney during questioning and court
62
separate but equal
You may separate facilities on the basis of race if they are equal
63
federalism
Relationship between the states and national govt where national govt is supreme
64
establishment clause
Govt may make no law concerning an establishment of religion
65
separation of church and state
Govt can not promote or interfere with any religious activities
66
coercion test
Govt can not make laws that would require you to participate in a religious exercise
67
in loco parentis
When someone acts in place of your parents; usually a school
68
Know the amendments and how they were applied in each case | 1st Amendment
``` Freedom of speech Press Assembly Religion Petition ```
69
4th Amendment
Freedom from unreasonable search and seizure of private property
70
5th Amendment
Protections of the accused; due process at the national level Right to have lawyer when questions
71
6th Amendment
Protections for fair and speedy public trial | -attorney, jury of peers
72
8th amendment
Protection from cries and unusual punishment
73
14th amendment
Due process at STATE level

12th Govt (13 decks)

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