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51 Cards in this Set

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Gideon v Wainwright
Said the defendants in state criminal prosecutions had the right to counsel.
Grand Jury
A formal device by which a person may be accused of a serious federal crime.
Indictment
A formal complaint laid before the grand jury by a prosecutor.
Presentment
A formal accusation brought by the grand jury on its own motion.
Information
An affidavit in which the prosecutor swears that there is enough evidence to justify a trial.
Gregg v Georgia
reinstated the death penalty. It said that capital punishment "does not invariably violate the constitution.
Hazelwood v Khuelmere
First Amendment Case
school censorship goes to the power of the principals.
Gregory v Chicago
upheld the right to demonstrate peacefully
Miller v California
the court set three point standard for deciding what is obscene.
US v O'Brien
the court said that young men could not burn their draft cards as a form of protest.
Jus Soli
the law of the soil of where you are born
Jus Sanguinus
The law of the blood or to whom you are born
Bennis v Michigan
upheld the idea of civil forfeiture
deportation
forcing someone to leave the country
California v Greenwood
The police do not need a warrant to search bags of trash left at the curb.
espionage
spying for a foreign power
Special Immigrants
persons admissible without regard to any numerical restriction-alien spouses or parents
Non-Immigrants
those who come here on temporary basis for special purposes, i.e. students, journalists
visa
formal permission to enter a country
Mapp v Ohio
the court prohibited unreasonable searches and seizures by state and local authorities
citizenship
the badge of membership in a political society
Fulminante v Arizona
allows police ti use force to get a confession
Sheppard v Maxwell
had been denied a fair trial due to the sensational pretrial press coverage
US v Paradise
Required Alabama to promote one Black trooper for every White trooper it promoted until the effects if unfair treatment of Black officer's was overcome.
Chandler v Florida
Says the states can allow TV and Radio coverage if they make sure the defendant's rights are protected.
Texas v Johnson
the court gave its approval to flag desecration
Riverside v Mclaughlin
doubled time you could be attained before your charged with a crime
Tinker v Des Moines
protects symbolic speech
libel
using the written word to maliciously injure a person's character
slander
spoken word to maliciously injure a person's character
citzens
full-fledged members of the political community
nationals
not fully-fledged citizens, they owe full allegiance to the US
aliens
anyone in the US who is neither a citizen or a national
Ex Post Facto
1. criminal law
2. applied retroactively
3. must work to the disadvantage of the accused
De Jure
segregation by law
De Facto
segregation as a result of houseing patterns
Webster v Reproductive Systems of Missouri
Supreme Court returned the question of abortion to the states within the parameters of Roe v Wade
Casey v Planned Parenthood of PA
court upheld 48 hour waiting period and upheld parental permission. struck down that a married woman needed her husband's permission
Lemon v Kurtzman
court's decision was designed to prevent three main evils: "sponsorship, financial support, and active involvement of the sovereign in religious activity."
Reynolds v US
The free exercise of religion is absolute. Mormons were told that they could only marry one wife at a time.
5 Requirements for Naturalization
1. You must enter the country legally be here for five continuous years, 6 months in the state where you apply. At least 18 yrs old.
2. Good moral character and well disposed toward the US
3. Able to read and write some English
4. Cannot be an anarchist or advocate the violent overthrow of the government
5. You must take an oath of allegiance
Sabatoge
an act of destruction intended to hinder a war effort
Wards Cove Packing Co. v Atonio
Makes it more difficult for those who charge discrimination to prove their point. Statistical evidence alone is not enough.
The sixth amendement guarantees four things:
1. to be informed of an accusation against you
2. to be able to confron the witnesses against you
3. to be able to compel witnesses to testify in you behalf
4. the right to a lawyer
Bench trial
head by the judge alone there is no jury
Allegheny County v ACLU
prohibited a Christmas display by the county because it endorsed Christian doctrine
Smith Act
it is unlawful for any person to teach or advocate the violent overthrow of the government of the US
TLO v New Jersey
4th Amendment focus
no probable cause
Expatriation
Voluntarily renouncing one's citizenship
Scherber v CA
drunk driving case, it is the leading case which balances the rights of society with those of individuals
Where does the wall between church and state come from?
Establishment Clause in the first amendment