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

A

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

A

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

A

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

A

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

A

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

A

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

A

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

A

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

A

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

A

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

A

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

A

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

A

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

A

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.

A

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

A

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

A

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

A

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

A

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

A

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

A

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

A

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
Q

Marbury v. Madison

A

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

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26
Q

McCulloch v. Maryland

A

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.

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27
Q

United States v. Nixon

A

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

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28
Q

South Dakota v. Dole

A

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

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29
Q

Tinker v. Des Moins Independent Community School

A

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

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30
Q

Bethel School District v. Fraiser

A

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
Q

Morse v. Frederick

A

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
Q

Schnek v. United States

A

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
Q

New York Times v. Sullivan

A

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
Q

Miller v. California

A

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
Q

Hustler Magazine v. Falwell

A

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
Q

Texas v. Johnson

A

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
Q

Reno v. ACLU

A

Details:
Question:
Ruling: for ACLU b/c regulations amounted to a content-based blanket restriction

38
Q

Hazelwood v. Kuhlmeier

A

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
Q

Snyder v. Phelps

A

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
Q

Abington School District v. Schempp

A

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
Q

Wisconsin v. Yoder

A

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
Q

Chuch of Lukumi Babalu Aye v. City of Hialeah

A

Details: Carribean based religion- sacrificed animals; city adopted ordinances on religious sacrifice
Question: did city violate church’s freedom of religion
Ruling: yes;

43
Q

Lee v. Weisman

A

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
Q

Burwell v. Hobby Lobby

A

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
Q

Boy Scouts of America v. Dale

A

Details: prevented Dale from being Boy Scout leader because he was gay
Question:
Ruling: Boy Scouts have the right to decide their members

46
Q

The United States has found the death penalty cruel and unusual punishment for…

A

rape
execution of minors
execution of mentally ill
execution of mentally retarded

47
Q

What is considered supreme

A

federal law and the Constitution

48
Q

When is a search considered reasonable

A
  • probable cause

- or have a search warrant

49
Q

Explain why you must be given a lawyer and told of your rights when in police custody

A

It’s a due process protection to ensure your rights are not being violated

50
Q

Medium answer: Describe how any of the Supreme C. decisions directly impact you

A
Medium answer: 
Pick case and how it applies to you
Roe v. Wade
Miranda v. Arizona
-maybe school speech, cell phone, abortion
51
Q

Medium answer: Explain how the Supreme C. can reverse previous decisions
give examples

A

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
Q

Multiple choice and short answer for vocab:

judicial review

A

Power of the court to determine if an act of govt is constitutional

53
Q

cruel and unusual punishment

A

Punishment that is excessive violating someone’s rights

Ex: hanging, electric chair, shooting gallery

54
Q

clear and present danger

A

Speech during times of crisis or war that may cause harm; unprotected speech

55
Q

actual malice

A

Unprotected; speech that is known to be false with the intent to harm someone’s reputation

56
Q

affirmative action

A

Educational and employment policy intended to increase diversity by encouraging minority participation

57
Q

symbolic speech

A

Protected speech; speech that does not use words spoken or written
Ex: flag burning, flipping someone off

58
Q

obscene

A

Unprotected speech that fails the Miller test

59
Q

miller test

A

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
Q

trimester test

A

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
Q

miranda rights

A

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
Q

separate but equal

A

You may separate facilities on the basis of race if they are equal

63
Q

federalism

A

Relationship between the states and national govt where national govt is supreme

64
Q

establishment clause

A

Govt may make no law concerning an establishment of religion

65
Q

separation of church and state

A

Govt can not promote or interfere with any religious activities

66
Q

coercion test

A

Govt can not make laws that would require you to participate in a religious exercise

67
Q

in loco parentis

A

When someone acts in place of your parents; usually a school

68
Q

Know the amendments and how they were applied in each case

1st Amendment

A
Freedom of speech
Press
Assembly 
Religion 
Petition
69
Q

4th Amendment

A

Freedom from unreasonable search and seizure of private property

70
Q

5th Amendment

A

Protections of the accused; due process at the national level
Right to have lawyer when questions

71
Q

6th Amendment

A

Protections for fair and speedy public trial

-attorney, jury of peers

72
Q

8th amendment

A

Protection from cries and unusual punishment

73
Q

14th amendment

A

Due process at STATE level