Midterm #1 Study Guide

Question 1

State Court System Hierarchy

Answer 1

State Trial Court –> State Court of Appeals –> State Supreme Court –> Supreme Court

Question 2

Federal Court System Hierarchy

Answer 2

District Court (94) –> Circuit Court of Appeals (13)–> Supreme Court

Question 3

Order of a Case Title

Answer 3

Case Title:
1) Title in italics

Citation:
2) Volume of U.S. report
3) U.S. (abbreviation)
4) Page number where opinion starts

Time:
5) Year

Question 4

Steps on How to Brief a Case

Answer 4

1) Summary of Facts
2) Legal Question
3) Ruling / Holding
4) Key Rule / Precedent Established
5) Reasoning
6) Case’s Importance to the Nation

Question 5

Summary of Facts

Answer 5

1) Law being challenged.
2) Events leading to first case proceeding.
3) Any legal/judicial proceedings before SCOTUS took the case.
4) Who appealed lower court decision to SCOTUS for review.

Question 6

Legal Question: Be sure to put the _____________ ______________ in your own ___________. They should be concise and ____________, to which you can reply ________ or _______ AND then ____________ the question. There will oftentimes be several legal __________ at hand, so try to focus on the important and ____________ question. You should really only have _______ legal question.

Answer 6

legal question; words; simple; YES; NO; answer; issues; relevant; ONE

Question 7

Ruling or Holding: Simply states which party _________ the case. The Court will either do this by _________________ the _________ court’s decision, holding that the law in question was ______________, or by _______________, wherein the ____________ court’s decision was _________________.

Answer 7

won; affirming; lower; constitutional; reversing; lower; unconstitutional

Question 8

Key Rule / Precedent Established: Answer the question of what does this case ______________ regarding the ______ of _______, that will be applied to _____________ cases with similar legal _________ and ________________.

Answer 8

establish; rule; law; subsequent; facts; principles

Question 9

How is a Ruling different from the Rule?

Answer 9

The ruling decides which party the court is in favor of.

The rule establishes a legal precedent.

Question 10

Reasoning: This is basically how the court ______________ at the decision, whether that is a ____________ or ________________. To do this explain 1) the ___________ behind the _______ or ________ legal question, then 2) why the ____________ side _______, and the ____________ side _________. Should the court have applied any ___________ (i.e. rational basis, intermediate scrutiny, strict scrutiny, Durham etc…) ______________ the reasoning behind these ____________ to the ____________ of the case.

Answer 10

arrived; rule; ruling; answer; YES; NO; winning; won; losing; lost; tests; connect; tests; outcome

Question 11

Case’s Importance to Nation: Don’t just repeat the _______________, _________________, and _______________ opinions. Talk big picture: ____________ and ____________ does this decision affect the ___________ at large, and its ____________?

Answer 11

majority; concurring; dissenting; HOW; WHY; nation; laws

Question 12

How to Read United States Supreme Court Opinion: Syllabus

Answer 12

• Before Main Opinion
• Describes facts of case & path the case took to get to the Supreme Court.
• Identifies which justices wrote main opinion, joined opinion, wrote concurring opinions, and wrote dissenting.

Question 13

How to Read United States Supreme Court Opinion: Main Opinion

Answer 13

Decision made by court, and the legal rationale justices used to form decision.

Question 14

If the main opinion is one in which ______ justices agree, then it is referred to as a ______________ opinion. One in which __________ of the justices agree are _____________ opinions, and one where ___________ justices agree but it’s not enough to form a _____________ is referred to as a _______________ opinion.

Answer 14

all; majority; most; majority; many; majority; plurality.

Question 15

How to Read United States Supreme Court Opinion: Concurring and Dissenting Opinions (Give Definition for Both)

Answer 15

Concurring: Written by justices who agree with main opinion but based on a separate legal rationale.

Dissenting: Written by justices who disagree with main opinion both in decision and legal rationale.

Question 16

How to Read United States Supreme Court Opinion: Facts–

With the facts, its important you be able to identify the _____, _________, ________, and __________ in the legal dispute. The Court will oftentimes start out with a _________, ___________, _____________, or ______________ from everyday life. You need to be able to tell the ______________ of a case, in a sense, including it’s _______________ history

Answer 16

who; what; when; where; person; place; thing; event; story; procedural

Question 17

How to Read United States Supreme Court Opinion: Legal Disputes–

You must identify the legal ___________ at hand, what the __________ argument is for both parites, and whether the court is interpreting the _______________ or a ______________.

Answer 17

issues; main; constitution; statute

Question 18

How to Read United States Supreme Court Opinion: 3 Elements of Disposition

Answer 18

1) Affirm - uphold lower court decision
2) Reverse, Void, Vacate - cancel lower court decision
3) Remand - send case back to lower court for retrial

Question 19

How to Read United States Supreme Court Opinion: Law–

Find out what _____________ of _______ were used in the case to form the main opinion, whether that be legal ______________, ___________, or other considerations. Also were there any ______________ or _____________ opinions, and if so identify the difference in ___________________.

Answer 19

principle; law; precedent; policy; concurring; dissenting; reasoning.

Question 20

Structuralism

Answer 20

Interpreting the Constitution based on the structure of the constitution.

Question 21

The structuralist interpretation has allowed us to establish several _____________ we believe are implicit in the ______________: ____________ and __________ (power of one branch to limit another), _________________ (shared power between federal and state govt.), and __________ __________ (governs the relations between people and the govt.).

Answer 21

relationships; constitution; checks; balances; federalism; public law

Question 22

Two forms of Structuralism

Answer 22

• Formalism
• Functionalism

Question 23

Formalism

Answer 23

Proposes that Constitution sets forth all ways in which Federal power can be shared, allocated, and distributed.

Question 24

Functionalism

Answer 24

Constitution clearly defines relationship between 3 branches of federal government at their apexes, otherwise, individually, there’s room to determine how distributed below their apexes.

Question 25

Judicial Activism

Answer 25

Court takes an active role in striking down laws, ratified at a legislative or executive level, they see as unconstitutional.

Question 26

Stare Decisis

Answer 26

• “Let the things decided stand”
• Form of judicial humility, encouraging judges to defer to legal precedent (which creates consistency in rulings over time).

Question 27

Originalism

Answer 27

Interpretation of the constitution based on how the Framers intended it the principles of the Constitution to be understood.

Question 28

Originalism is the idea that ____________ should adhere to an historically ______________ understanding of the ________________ of the ________________, and how people at the time of the _____________ would’ve applied those ______________ in specific situations.

Answer 28

judges; fixed; principles; Constitution; framing; principles

Question 29

Buck v. Bell 1927):

1) Facts: Buck was a _________-____________ person, who was born from and mothers __________-__________ persons. Virginia state law permits sexual ___________ of _______ and ____________ for the __________ and ___________ of society, and to discontinue an existing lineage of ___________ or ___________-__________ people.

2) Legal Question: Does the Virginia state law ____________ the ___________ ___________ Clause of the _____ Amendment?

3) Ruling/Holding: ______ the law ____________ violate the ________ _____________ ___________ of the _______ Amendment.

4) Key Rule/Precedent: Though decisions over _____________ usually fall with the ____________, if the _____________ has a substantial ____________ ___________ concern, and has a legitimate ____________ in place to address this concern, the rights previously held by the ___________ may be _______________, and the ___________ law may be upheld.

5) Reasoning: The Court reasoned that there are _____________ reasons for the ______________ to sexually ______________ someone, to end __________ generations of “________________” or “___________________.”

6) Importance to Nation: This case is used in reference to ____________ _____________ matters, such as mandatory ______________ in 2020 / 2021.

Answer 29

1) feeble-minded; feeble-minded; sterilization; men; women; health; welfare; degenerate; feeble-minded

2) violate; Equal Protection Clause; 14th

3) NO; doesn’t; Equal Protection Clause; 14th

4) health; citizen; state; public health; operation; citizen; overridden; state

5) justifiable; state; sterilize; future; “imbeciles”; “degenerates”

6) public health; vaccinations

Question 30

Marbury v. Madison (1803)

1) Facts: Outgoing President John Adams recently lost to the ___________, but before leaving ______________ several new __________ of the ___________, for which several ___________ were to be confirmed by the ___________ and have a seal placed on them by the ______________ of __________. Thomas Jefferson learned of these commissions and ordered the old administration to cease all action, meaning not all _____________ were sent even though several people were appointed for the positions; ____________ ___________ was one of them. Marbury requested his ______________ from sitting ___________ of ____________ James Madison, to which he was denied. Marbury petitioned the Supreme Court, asking them to order a _________ of ______________, to force Madison to relinquish the Senate ________________.

2) Legal Question: Does the Supreme Court have the right to issue a _____________ of ____________ compelling the Secretary of State to relinquish the ______________, or does that violate Section ______ of the ____________ Act of 1789?

3) Holding/Ruling: _____, the Supreme Court ____________ have the right to issue a _______ of _____________, it’s a violation of Section ______ of the ____________ Act.

4) Key Rule/ Precedent: The Court can’t file a write of mandamus at a federal ___________ level, regarding matters of the _____________ (given that the Secretary of State is a party), then subsequently conduct a trial in the scope of ____________ jurisdiction.

5) Reasoning: While the Court has ____________ jurisdiction in some cases, they can’t file a ___________ in cases of _____________ jurisdiction. If the Court is to accept a case wherein they file a writ of mandamus, it should be within the scope of ___________ jurisdiction. Also, Marbury’s ___________ and Madison’s _____________ are “____________ ___________” and had no business being dealt with at a federal appellate level.

6) Case’s Importance to Nation: This ruling establishes ____________ in our _____________ system, and gives purpose to the ___________ of courts by keeping __________ and ___________ level procedures separate.

Answer 30

1) Federalists; appointed; Justices; Peace; commissions; Senate; Secretary; State; commissions; William Marbury; commission; Secretary of State; writ; mandamus; commissions

2) writ; mandamus; commissions; 13; Judiciary

3) NO; doesn’t; writ; mandamus; 13; Judiciary

4) appellate; State; original

5) original; writ; orignal; appellate; request; rejection; “original actions”

6) structure; judiciary; hierarchy; original; appellate

Question 31

Bush v. Gore (2000)

Main Legal Issue: Did the ______________ method of the Leon County votes violate the __________ ____________ Clause of the ______ Amendment?

Ruling: _______, the ____________ method ____________ violate the __________ _____________ Clause of the 14th Amendment.

Reasoning:
- Only recounting the _______ from ________ County would be unfair.

• There was no ____________ procedure enacted by the Florida ___________ __________ Court that follows ____________ constitutional standards.
• One person’s ____________ can’t count _________ than another person’s ___________.

MAJORLY IMPORTANT: THIS CASE IS NOT USED FOR _____________ _______________, IT’S AN ______ ________ STIPULATION.

Answer 31

recounting; Equal Protection; 14th

YES; recounting; does; Equal Protection

votes; Leon; recounting; State Supreme; minimal; vote; more; vote

LEGAL PRECEDENT; AD-HOC

Question 32

Roe v. Wade (1973):

Main Legal Issue: Is the right to ___________ consistent with the ______________ rights granted in the United States Constitution?

Ruling: _______, the right to _______________ is consistent with the United States Constitution.

Reasoning: A woman’s right to abortion is _______________ in the _______ ____________ Clause of the ______th Amendment of the Constitution, which grants a woman __________ in the decision of whether or not to have an _____________.

Answer 32

abortion; privacy

Yes; abortion

Protected; due process, 14th, privacy; abortion

Question 33

Planned Parenthood of Southeastern Pennsylvania v. Casey (1992):

Main Legal Issue: Does the state have the right to require women to gain ___________, if ___________, from their husband, and if a ________ gain ____________ consent to have an ___________ performed, without violating a woman’s right to an __________ established in ______ v. _________?

Ruling: mostly _____.

Reasoning: The Court reaffirmed most of _______, but also created a new _________________ to determine the ____________ of laws ______________ abortion. It was known as the “___________ ______________” standard, which maintained that all state regulation laws must be applied so as to not _____________ on a woman’s right to an abortion before ___________ ______________ (where they can survive outside of the womb).

Answer 33

consent; married; minor; parental; abortion; abortion; Roe; Wade

No

Roe; standard; validity; restricting; “undue burden”; impede; fetus viability

Question 34

Dobbs v. Jackson (2022):

Main Legal Issue: Is the Mississippi state law, the ____________ _______ Act, prohibiting _________________ after ________ weeks (assuming a child is ___________ after ______ weeks), unconstitutional?

Ruling: _______, because the Constitution doesn’t _____________ grant the right to an ___________, therefore ______v. _________ and _____________ _____________ v. _________ are overturned.

Reasoning:
- The right to ____________ established in ________ and __________ are not at ______________ ________, and were never apart of _____________ ______________.

Why Roe and Casey were overturned:
1) they ___________-____________ the ______________ process.
2) they lacked _____________ in ______________ text.
3) the ___________ each case introduced were not _____________.
4) they caused a ___________________ of law in other areas.
5) overruling them wouldn’t upend concrete ____________ interest.

Answer 34

Gestational Age; abortion; 15; viable; 15

No; expressly; abortion; Roe v. Wade; Planned Parenthood v. Casey

abortion; Roe; Casey; common law; ordered liberty

short-circuited; democratic; grounding; constitutional; tests; workable; distortion; reliance

Question 35

Griswold v. Connecticut (1965):

Main Legal Issue: Does the Constitution protect ______________ privacy rights against state restrictions on a couple’s ability to recieve ______________ on the use of _____________?

Ruling: ________, the Constitution _____________ protect the right to _____________ counsel on the use of ____________, granted by the _________________ rights enumerated in the ______th Amendment.

Answer 35

martial; counsel; contraceptives

Yes; does; martial; contraceptives; privacy; 14th

Question 36

Lawrence v. Texas (2003):

Main Legal Issue(s):
Do the criminal charges against Lawrence and Garner, under the “Homosexual Conduct” laws enacted in Texas, prohibiting same-sex _______________, but not criminalizing ____________-sex intimacy, violate the _______________ _______________ Clause of the ______th Amendment?

Also, do the criminal charges punishing Lawrence and Garner for _____________ interests violate the _______ _______________ Clause of the ______th Amendment?

Ruling: ________, the ______________ homosexual relations between persons of the _________ sex are protected by ____________ rights guaranteed in _______ _____________ Clause of the ________th Amendment

Answer 36

intimacy; different; Equal Protection; 14th

privacy; Due Process; 14th

Yes; intimate; same; privacy; Due Process; 14th

Question 37

Citizens United v. FEC (2010)

Main Legal Issues: Is the prohibition of ______________, by ____________ _____________, on ______________ or ______________ efforts, imposed by the Bipartisan Campaign Reform Act, unconstitutional?

Ruling: ________, the BCRA is unconstitutional. It violates a _______________’s right to spend money from their own ________________ treasury on political broadcast, which limits their ____________ ______________ rights enumerated in the ____st Amendment.

Answer 37

spending; private corporations; campaigning; electioneering

Yes; corporation’s; independent; free speech; 1st

Question 38

Shelby County v. Holder (2013):

Main Legal Issue: Would Congress’s ________________ of Section ______, otherwise known as the ________________ ________________, to affirm Section ___________ of the _________ ________ Act of 1965, prohibiting ______________ states from changing state-enacted _____________ regarding the ______________ process without federal _______________, be inconsistent with the _________th and ________th Amendment, and violate the ______th Amendment?

Ruling: _________, reauthorizing the ______________ _______________ over a ___________ few states violates the _________ ___________________ Clause of the ____th Amendment, wrongfully _____________ the _____th Amendment, and poses an unfair burden on voting procedures in the states, thereby violating the ________th Amendment.

Answer 38

reauthorization; 4(b); coverage formula; 5; Voting Rights; covered; legislation; electoral; preclearance; 14th; 15th; 10th

Yes; coverage formula; select; Due Process; 14th; interprets; the 15th; 10th

Question 39

Boerne v. Flores (1997):

Facts: Archbishop of San Antonio, in Boerne, Texas, sued local _______________ authorities for violating his rights under ________________ ___________________ __________________ ________ (__ ___ ___ ___) of 1993, which grants him the freedom to ____________ his _________ grounds. The _____________ authorities argued the Archbishop’s church is located on an ______________ ________________, which under _________________ forbidding further _____________, fairly impeded the Archbishop’s right to ______________ his church. Moreover, the _____________ authorities argued that the ____ ____ ____ ____ was _____________, insofar as it violates these _______________.

Main Legal Issue: Did Congress exceed its rights under the ______th Amendment by ratifying legislation that places _____________ ordinances under ____________ regulation?

Ruling: _______, the federal government’s ___ ____ ____ ___ places a ______________ ___________ on the freedom of ______________ exercise, which it is prohibited from doing unless its for the _____________ of a ______________ ______________ ________________ (____________ ________________). The government may enact legislation like the ___ ____ ____ ___, but only to protect against ___________ of religious freedom, not regulate ___________ rights.

Answer 39

zoning; Religious Freedom Restoration Act; RFRA; expand; church; zoning; historic preservation; ordinances; construction; expand; zoning; RFRA; ucnonstitutional; ordinances.

14th; state; federal

Yes; RFRA; substantial burden; religious; furtherance; compelling government interest; strict scrutiny; RFRA; abuses; state

Question 40

McCulloh v. Maryland (1819):

Main Legal Issue: Does Congress have the right to establish a __________ _____________?

Ruling: _______, under the ___________ and ____________ Clause, also referred to as the ___________ Clause, of Article ___ Section ___ of the U.S. Constitution implicitly gives Congress the rights to establish a ___________ __________.

Answer 40

national bank

Yes; Necessray; Proper; Elastic; 1; 8; national bank.

Question 41

Powell v. McCormack (1969):

Main Legal Issue: Can the House of Representatives ___________ a member elected by the people, who has met all ____________to serve: ______, ____________, and ____________ in the state where he _________?

Ruling: _______. The Court held that the House of Representatives is in _______ position to _____________ a member if they were duly _____________ by the people and meet _______________ to serve.

Answer 41

exclude; requisites; age; citizenship; inhabitants; serves

NO; no; exclude; elected; requirements

Question 42

Baker v. Carr (1962):

Main Legal Issue: Was congressional ________________ (also known as “____________ _______________”) a violation of the ____________ ____________ Clause of the _______th Amendment?

Ruling: The Court said _______________ was held to be a ______________ question under the ____________ ______________ Clause of the _____th Amendment, and that _____________ legislatures would have to redraw their ______________ in order to comply with the Constitution.

Answer 42

redistricting; “legislative apportionment”; Equal Protection; 14

redistricting; justiciable; Equal Proection; 14th; congressional; districts

Question 43

Muskrat v. United States (1910):

Facts: Congress passed an act in 1902 alloting land to Cherokee Indians (under the name ____________). Congress subsequently passed acts in _________ and __________ restricting the ____________ Indians __________ and ___________ not exercise on their allotted land. _______________ and Henry Dick claimed the issue was ___________________ insofar as it deprives them of their __________________. An act was then passed in _____________, allowing ______________ and Dick to petition the Court of ______________ and then appeal to the Supreme Court.

Main Legal Issue: Can Congress, considering their passage of the law in _________, allowing the appellants to appeal their case, authorize matters for judicial review that are not “___________” or actual “_______________”?

Conclusion: ____. In an unanimous decision, the Court ruled that _____________, and actual ______________ must stem from a legal ___________ between two _____________ about the constitutionality of an issue. It’s not within the legislature’s rights to decide what _____________ can be settled ______________ by creating legislation to ensure the ___________ is resolved in court.

Answer 43

Muskrat; 1904; 1906; rights; could; could; Muskrat; unconstitutional; property

1907; Muskrat; Claims; 1907; cases; controversies

No; cases; controversies; disputes; parties; matters; judicially; matter

Question 44

Ex Parte McCardle (1869)

Facts: William McCardle was arrested by ______________ authorities for newspaper writings criticizing __________________. He sought a __________ of ______________ _____________ to be excused from the _______________ under which he was placed by ____________ authorities, but the judge excused the case, because McCardle’s arrest by _____________ authorities was lawful. He appealed to the ___________ Court to challenge his arrest, under a law passed in 1867 that gave ______________ when appealing to the High Court (aka ____________ Court). Arguments were heard by the _____________ court, but before announcing a decision, ______________ withdrew the law passed in 1867 that gave __________ when appealing to a High Court.

Main Legal Issue: May Congress withdraw ________________ to appeal to the High Court ____________ that _____________ has been given?

Conclusion: _________, Congress’ withdrawal is acceptable under law given the _________ Clause in Article _____ Section ____ in the United States Constitution.

Answer 44

military; Reconstruction; writ; habeas corpus; detention; military; military; Supreme; jurisdiction; Supreme; Supreme; Congress; jurisdiction

jurisdiction; AFTER; jurisdiction

YES; Exceptions; 3; 2

Question 45

Gibbons v. Ogden (1824):

Facts: New York State law was passed granting Robert R. Livingston and Robert Fulton a _____________ over all ____________ traffic, and _____________ of these waters by boats powered by steam, in the ____________ bay within the state’s jurisdiction for ____ years.

This allowed Livingston and Fulton to seize all boats (usually owned by competitors) they didn’t __________/permit to be on the waters.

One of Livingston’s and Fulton’s competitors was __________ __________, who had a license issued by New York __________ government to ___________ waters within the state’s jurisdiction (New York to Jersey shore).

Another competitor, Thomas Gibbons found himself competing against the interest of ____________ __________, because he too was allowed to ____________ waters from New York to Jersey, only he had a license issued by the _____________ government.

Once the competing interest between Ogden and Gibbons became an issue, the State of New York ruled, per the _________ law giving Livingston and Fulton rights over navigation of waters, that Gibbons ___________ have the right to navigate the New York waters, Hudson Bay particularly, and so he was ___________ access. Gibbons sued Ogden.

Main Legal Issue: Does New York’s regulation of ______________ ______________ (of waters within their jurisdiction) violate the _____________ ____________ articulated in Article 1, Section 8, Clause 3 of the United States constitution?

Ruling: ________. The ___________ does not have the right to _____________ (burden/impede) _____________ _____________. The power to regulate ___________ is expressly vested in Congress.

Answer 45

monopoly; steamboat; navigation; Hudson; 20; endorse; Aaron Ogden; state; navigate; Aaron Ogden; navigate; federal; same; didn’t; denied

interstate commerce; Commerce Clause

Yes; state; regulate; interstate commerce

Question 46

What is ICWA?

Answer 46

• Indian Child Welfare Act
• Outlines Minimum Federal Standards for adoption procedures for Indian Children.
• Indian children being taken out of their homes, and placed in foster care, may not be adopted by non-Indian families. Sovereign Indian government reserves right to ensure child is placed with other Indian relatives, or another tribe altogether.

Question 47

The ___________ acts in the __________-_____________ of the __________.

Answer 47

ICWA; best-interest; child