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79 Cards in this Set

  • Front
  • Back
Lemon v. Kurtzman (1971)
Sit.
2 laws allowing teacher to be paid for not allowing religious context enter a nonreligious subject.
Lemon v. Kurtzman (1971)
Plaintiff
Lemon
didn't want tax money going towards religious studies.
establishment clause and 14th amendment
Lemon v. Kurtzman
Court decision and cg or ir
8-0 Lemon
Individual Rights
Lemon v. Kurtzman
Precedent
Lemon test created, establishing
School District of Abington, Penn v. Schempp (1963)
Sit
bible verses were being read to a whole school.
students allowed to be excused from reading but shempp chose not to remove his children
SDAP v. Schempp
Plaintiff
School
didn't mean for 1st amendment right to be interpreted that no government aid to religion
SDAP v. Schempp
Defendent
Schempp
bible reading were in contrast with the first amendment as granted to the states in the 14th amendment
SDAP v. Schempp
Courts dec and cg or ir
8-1 Schempp
Individual Rights
SDAP v Schempp
precedent
schools cant require and demand religious activities.
West Virginia board of educ. v barnette (1943)
Sit
school required jehovas witness children to say the pledge and of not they were expelled
wvbe v barnette
plaintiff
school
weren't showing respect to county by not saying it
wvbe v barnette
defenent
barnette
violation of 1 and 14 amend
wvbe v barnette
courts dec
cg or ir
8-1 barnette
individual rights
wvbe v barnette
precedent
they may say pledge but arent required to do it
regants of univ of CA v bakke (1978)
sit
bakke applied 1973 and 74 and didn't get in
13 spots available for minorities
sued court for violation of title 6 of civil rights acts and 14 amendment
ruc v bakke
plaintiff
ruc
increase diversity of medical field
ruc v bakke
defendetn
bakke
discriminated against for race
ruc v bakke
courts dec
cg or ir
5-4 bakke
individual rights-discrim
common good-common playing ground for everyone
ruc v bakke
precedent
you may use race to admittance but race cant be solely the only decision
Gonzales v Oregon (2006)
SIT
1994 Oregon passed death with dignity act
giving controlled substances to terminally ill patients
gonz v Oregon
palintiff
gonz
csa establishes inform nation for controlled use of drugs
9th circuit ruling was based on misunderstanding of principals
gonz v Oregon
defendent
orgeon
csa doesn't prohibit drugs for pas
the state attorney cant regulate medicine
gonz v Oregon
courts dec
cg or ir
Oregon 6-3
ir
gonz v Oregon
precedent
states ay determine their own medical choices
ca v greenwood (1984)
sit
illegal drug use=greenwood arrested
had his trash searched, then his house
cs v greenwood
plaintiff
greenwood
argued 4th amend rights violated
ca v greenwood
defendant
ca
public property can be searched without warrant
CA V greenwood
courts dec
cg/ir
ca 6-2
common good
ca v greenwood
prec
police can search all discarded items because there is no obligation to it.
Thompson v Oklahoma (1988)
sit
brothers repeatedly abused sister
murdered sister and sentenced to death
8 amend
thomp v Oklahoma
plaintiff
Thompson
juvenile found less resitant and unaware of conseq
although tried as adult, they don't need ot be punished as adult
death sentence under 16 is loathsome to current standards
thomps v ok
defendant
ok
thomps tried as adult
age doesn't matter
thomps v ok
courts dec
cg/ir
5-3 thomp
ir
thomps v ok
prec
anyone under 16 cant be given the death penalty and cant be tried as adult. -expanded to 18
boy scouts v dale (2000)
sit
boy scouts revoked membership to gay members
bs v dale
plaintiff
bs
argued dale had violated amend of expressive association
bs v dale
defendant
dale
argued that they violated the new jersey state stature prohibiting discrimination against sexual orientation
bs v dale
courts dec
cg/ir
5-4 bs
individual rights
bs v dale
prec
now a group may exclude people because they don't want to convey a certain message to the public
Miranda v Arizona (1966)
sit
1963 Miranda arrested for kidnap and rape
voluntarily confessed an signed written confession
appeals his case and says 5th amendment violated
mir v ari
plaintiff
mir
didn't know he had the right to remain silent=cant exercise his rights if he doesn't know them
conviction based on confession and he wanted confession thrown out
mir v ari
defendant
ari
confession was not forced
why would anyone confess if they had the right to remain silent?
mir v ari
courts dec
cg/ir
5-4 mir
mir v ari
prec
Miranda rights... right to remain silent
Furman v Georgia (1972)
sit
furman was robbing a house and tripped and shot the owner of the house
fur v geor
plaintiff
geor
serious crimes committed, one must be executed
fur v geor
def
fur
8th amend and due process-not given a fair trial
fur v georg
courts dec
cg/ir
fur 5-4
fur v georg
prec
cant discriminate in courts and against minorites
Wisconsin v yoder (1972)
sit
nov 1968 yoder removed his son after 8th grade
yoder arrested, tried and convicted for not sending his son to school until 16
wis v yoder
plain
wis
necessary for kids to attend school until 16
wis v yoder
def
yoder
violation of 1st amend for free exercise of religion
wis v yoder
courts dec
cg/ir
7-1 yoder
wis v yoder
prec
parents should be able to decide. can be pulled out but must provide an educ
katz v us (1967)
sit
Charles katz charged for giving out illegal gambling info
katz v us
plain
katz
4th amend req a warrant
FBI met none of those req
katz v us
def
us
4th amend for unreasonable
no evidence gathered illegally
katz v us
courts dec
7-1 katz
katz v us
prec
limited ability for police to survey private property
tinker v des moines (1969)
sit
7 students banned for wearing arm bands in protest of Vietnam war
tink v dm
plain
tink
1st amend=free speech
symbolic, causing no disruption
tink v dm
def
dm
protest interrupted learning environment
school is a place for learning not protesting
obligation and right to prevent interference with school rules
tink v dm
courts dec
cg/ir
tink 7-2
ir
tink v dm
prec
reasonable forces of substantial disruption test, allowing school to censor student expression but needs a reason.
morse v Frederick (2002)
sit
Frederick help sign up across school during Olympic relay that said: bong hits 4 jesus
suspended for 10 days
morse v fred
plain
morse
banner was disruptive
take action against promo of illegal drugs
morse v fred
def
fred
relay not a school sponsored event and not used for promo of drugs but instead comedy
not on school grounds and caused no dis
morse v fred
courts dec
cg/ir
morse 5-4
common good
morse v fred
prec
school officials have the ability to take away 1st amend rights to free speech if disruptive or promoting illegal drug/activity
nyt v dc (1971)
sit
gov studied Vietnam... leaked info... nyt published it
nyt v dc
plain
nyt
could prolong war
authority was to protect the nation from info that endangered the nation
nyt v dc
def
dc
censorship: violation of 1st amend for press
nyt v dc
courts dec
cg/ir
nyt 6-3
common good
nyt v dc
prec
importance of freedom of press unless clear and present danger
heller v dc
sit
handgun possession banned
registration of handguns prohibited
heller req handgun to use for self defense
heller v dc
plain
dc
2 amend-well regulated state militia
no self-def purposes
heller v dc
def
heller
didn't like trigger lock req
heller v dc
courts dec
cg/ir
5-4 heller
ir
heller v dc
prec
can use for lawful purposes such as self defense