Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
25 Cards in this Set
- Front
- Back
|
Who can violate your civil liberties and what are they
|
only the government can violate your civil liberties, which are protections outlined in the constitution by the government.
|
|
|
Everson Vs. New jersey board of Education(1947)
|
giving out tax reembursments to kids for trans, some used to pay for private school/VERGO BLACK-REACHES THE VERGE OF POWER,STATE POWER SHOULD NOT BE USED TO HINDER OR AID RELIGION.
|
|
|
Engale Vs. Vitale(1962)
|
students refused to say a school prayer/ANY PRAYER BY ANYDEF PROMOTED RELIGIOUS INTERACTION THAT WOULD BE UNCONSTITUTIONAL
|
|
|
Sherbet Vs. Vernor(1963)
|
seventh-day advantist couldn't work saturday, filed for unemployement,denied because it was her choice not to work/SUPREME COURT SAYS SHE HAS RIGHT TO PRACTICE SO STATE INFRINGED ON RIGHTS
|
|
|
Lemon Vs. Kurton
|
Penn state gave stipend to both public and private school teachers/S.C. UNCONSTITUTIONAL BCZ PUBLIC$$ FUNDS PRIVATE INSTITUTIONS
|
|
|
lEMON TEST
|
1-does the statute have a secular legislative purpose
2-does it inhibit or advance religion 3-does it foster an excessive entanglement of govern. & religion |
|
|
Amendment 1
|
...prohibiting the free exercise there of, or abridging the freedom of speech
|
|
|
Schenk Vs. US(1919)
|
protested draft,arrested, lost S.C. because Holmes says speech can't promote violence(shoutin' fire in theater)
|
|
|
Tinker Vs. DesMoines(1969)
|
armbands protesting war,her & brother expelled./S.C. EVEN THOUGH SCHOOL HAS A DRESS CODE,BANDS DIDN'T PASS A THREAT(YOU DON'T LEAVE YOUR CIVIL LIBERTIES AT GATE, MOST GUARDED SPEECH)
|
|
|
Hazle Vs. Kulmeir (1988)
|
Hazlewood school paper, not published bcz prinicp says no S.C. rights not violated,bcz newspaper is not public
|
|
|
Miller Vs. California(1963)
|
miller mailed adult books,arrested S.C. ruled obscene material not covered by 1st amendment
1-does the average pep find it appealing to general interest?(meet community standards) 2-does the work depict in an activley sexual conduct over the top according to state(patently offensive) 3-does the work taken as a whole lack LITERARY, ARTISTIC,POLITICAL, OR SCIENTIFIC |
|
|
Prior Restraint
|
an order/executive that would stop something from going into publication
|
|
|
Near Vs. Minnesota(1931)
|
estab. precedence for prior restraint(gag order)Minn passed law PUBLIC NUSSANCE LAW allows judge to stop publication on anything w/out a jury if though crued,lued ---Near published Saturday defaming mayor,police judge used prior restraint S.C. freedom of press outweighs prior restraint,prior restraint only for extreme circumstances
|
|
|
New York Times Vs. US(1971)
|
Pentagon Papers realesed to times, presz tried prior restraint didn't work
|
|
|
New Jersey Vs. T.L.O(1985)
|
teacher smells smoke bathroom check,1 girl yes/other said no. no girl taken to prinicipal and purse searched mary jane,pipes,baggies of money,clientel list
|
|
|
Mapp Vs. OHio(1961)
|
Mapp accused of housing a bomber,searched her house with a fake warrant found porn,arrested(anything found without warrant=exclusion
|
|
|
Roe Vs. Wade(1973)
|
abortion in texas have to meet requirments that delivering will kill mother(Stary desices-let what is be)
|
|
|
Grand Jury
|
should case even be put in front of a judge
|
|
|
Capitol crime
|
felony
|
|
|
Civil case
|
no jail time/ charges not/lible
|
|
|
NOt GUilty
|
not enough evidence/innocent didn't do it at all
|
|
|
Miranda Vs.Arizona(1966)
|
miranda no speaky english accused of raping a woman,picked out of a lineup S.C. relized he don't know wuts goin on(due process),threw out his confession
|
|
|
Gideon Vs.Waintwright(1963)
|
Gideon hobo pool hall robbed found with ching-change asked judge 4 lawyer-denied.while in prison did some homework found informa poporus(petition court w/out money/& lawyer)S.C. said 6th amendment violated S.C. gave lawyer/fired'm ACLU gave 2/fired'm won
|
|
|
Furman Vs.Gergia(1972)
|
furman judged by all white jury, jury givin outrageous senteces S.C. said capitol punishment was cruel and unusual
|
|
|
Rights(amendment) not encorporated
|
2,3,5-right to indictment by grand jury,
|
