unit 5 &6 Flashcards
Marbury v. Madison
McCulloch v. Maryland
Gibbons v. Ogden
- The Supreme Court has the power to interpret the Constitution.
- Federal government has the authority to create a national bank, and federal laws take precedence over state laws.
- Federal government’s power to control trade between states.
Mapp v. Ohio
Gideon v. Wainwright
- illegally obtained evidence cannot be used in state criminal trials. (The nudity pictures)
- The right to a lawyer for people who can’t afford one in state courts.
Miranda v. Arizona
Gregg v. Georgia
- law enforcement must inform suspects of their rights during questioning. (Miranda Rights)
- Upheld the constitutionality of the death penalty
Tinker v. Des Moines
Dred Scott v. Sanford
- Students have the right to symbolic speech in schools. (Vietnam bands)
- Denied citizenship to African Americans and said Congress couldn’t ban slavery in territories.
Leandro v. NC
Swann v. CMS
1.Ruled that every child in North Carolina has a constitutional right to a “sound, basic education.”
- Allow for school integration using busses
Hazelwood v. Kuhlmeier
New Jersey v. T.L.O.
- Allowed school administrators to censor school-sponsored publications. (school news paper)
2.Allowed school administrators to search students under a lower standard than the one required for searches by law enforcement. ( the smooker)
Engel v. Vitale
No prayers in school
Civil law
51% of evidence to prove.
Defendant V Plaintiff
deals with cases among community.
heard by a judge branch
Criminal Law
- Needs evidence beyond reasonable doubts
Defendant VS Prosecutor
Grandy jury & Petite Jury
Supreme court Jurisdiction
Original and Appellate Jurisdiction
original jurisdiction – > over cases involving two or more states or foreign ambassadors.
What is a writ of certiorai ?
An order to a lower court to send a record in a given case for its review.
Briefs
Written document filed with the court
Concurring opinions
add or emphasize a point made.
Arbitration
Involves a neutral third party (arbitrator) who listens to both sides and makes a final, binding decision to resolve the dispute.
Mediation
Involves a neutral third party (mediator) helping the parties in a dispute communicate and reach a voluntary agreement.