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32 Cards in this Set
- Front
- Back
- 3rd side (hint)
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Name three of the ways in which the us Supreme Court gets its cases. Name the 4th for an extra point |
1. Appeal 2. Certifications 3. Writs of certiorari 4. Request for original jurisdiction |
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Breif |
A document stating the facts and laws of a case |
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Rule of Four |
At least four of the us Supreme Court justices must agree to take a case |
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Amicus Curiae |
Friend of the Court- a non party whom the court permits to file the brief. |
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Majority Opinion |
The decision of the majority of justices hearing the case, majority wins |
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Appellant |
Party who files an appeal |
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Precedent |
Prior case that governs the decision of a future case |
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Texualism |
Approach to evaluating a Supreme Court case that looks at specific wording of the law or constitution being discussed |
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Writ of certiorari |
Order of the court to a lower court telling it’s case fill up for a review?? |
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Jurisdiction |
The authority to decide a case |
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Structural Analysis |
Approach to evaluate a legal issue, looks at the structure of the government intended by the constitution |
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What is the doctrine of stare decides and why is it important? |
Stare decisis is about how one cannot go against the laws of the constitution. It’s important because it provides constancy and stability in the law. |
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In Marbury V. Madison: what were the basic facts and Supreme Court judgement and why is it important |
the Marbury v. Madison case was about Madison not sending out the rest of the candidates letters. Marbury thought it was unfair, even though they didn’t have time before they left office. The reason why it’s important is because it violated article 3 section 2 of the constitution and Madison should have sent them out but Jefferson didn’t want the court being all federalist. Also it was he first case Supreme Court held that they had an authority to declare an active congress on constitutional and had to over turn it. |
Candidate letters |
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Ex parte McCardel: Facts, judgement, importance |
About a reporter McCardle during the post civil war. He got sent to jail because of editorials when military was at war. He filled post heabus corpors. The Supreme Court applet jurisdiction case pending congress. It’s important because the Supreme Court affirmed that congress had pulled the jurisdiction from them Supreme Court argued no jurisdiction no case and the case was dismissed |
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Where is the establishment of religion and the free exercise of religion clause found in the US Constitution? |
The 1st amendment |
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What factor or factors does the US Supreme Court look at when deciding whether a belief is religious? |
It’s got to be a sensor and firmly held belief doesn’t have to be religious |
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What was the Wisconsin v Yoder case and how did the us Supreme Court decide the case? |
Wisconsin v Yoder was about an Amish family that wanted to pull their kids out of school after the eighth grade because they wantedThe kid to learn the ways of the Amish, the Amish believed it was a violation of their First Amendment right. Wisconsin state didn’t believe that that was right to do. The Supreme Court decided that the kids must stay in school till they reach the eighth grade then they can be pulled out of school and it was not it a violation of their first amendment right. |
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How would you describe the current view of the US Supreme Court and free exercise of religion case? What test is it using? Would you describe its usage of the test as consistent? Please provide an example. |
Free exercise of religion the test used was in the sherbet case the state has a compelling state interest in no less are ways of accomplishing it the establishment of religion uses the lemon test.
An example of the free exercise of religion would be the two men using peyote for religious purposes got fired from their job and requested unemployment. The Supreme Court denied them unemployment because it was a violation of their religion. |
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List the two of the three general interpretations of the establishment clause. You may have an extra credit. For name of the third general interpretation. |
Stonewall between church and state - no state aid to religion Clause only prohibits states favoring one or more religion Clause only prohibits creation of a state or federal religion statute |
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List the three part lemon test for the establishment clause |
One must have a secular purpose Two must have a primary and or secondary events that does not advance nor inhibits religion Three The statute must not Entangle government with religion |
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What has been the US Supreme Court purchase it with regard to school sponsored prayers in public schools? |
School sponsored prayers in public schools is unconstitutional |
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Does the US Supreme Court decide cases about prayers and legislative settings differently from school cases, and if so, how? |
Yes because the government doesn’t want to get entangled in the situation for legislative cases. To where as the government doesn’t want public schools affecting some people’s religious believes. It generally permits non-secretary prayers and treat adults and children differently. |
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Where in the constitution is the freedom of speech found |
The first amendment |
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How can War or national crisis affect the United States Supreme Court when it considers challenges to statues affecting the freedom of speech? Please give an example. |
Supreme court is more conservative during war or national crisis affecting United States. An example would be the pamphlet case where they were handing out anti-war pamphlets to people who drafted in the military or the O’Brien case. |
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What is preferred freedom doctrine? For an extra creditPoint, where was the doctrine and first mentioned? |
The preferred freedoms doctrine is a higher level of scrutiny that should be used when looking at laws that affect rights, Bill of Rights or political processes or are aimed against racial or national authorities. Adoption was first mentioned in footnote four of the Caroline products case |
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What is the ad hoc balancing test? Give an example of when it was used. |
The test wanted to weigh free speech versus the government interest in relegating the speech. Balancing test was using the Dennis case |
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Provide three examples of speech that are not protected under the constitution. For an extra credit point, please provide one additional example. |
Slander, lies under oath, yelling fire, obscenity |
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What is a time, place and manner restriction? Please give an example. |
It is when there is a restriction on the time, place in the way in which a speech is made. And example would be the sound trucks going through town‘s at 4 AM. |
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What is symbolic speech. Please give an example. |
Symbolic speech is where someone is making a statement through or with a symbol like the peace sign. An example is the Texas versus Johnson case where Johnson burned the flag. |
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Is symbolic speech protected by the Constitution |
Yes |
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Does the constitution protect offensive and hateful speech? Under what circumstances? |
Yes it protects them under the First Amendment. It protects them as long as they are with in the time place and manner restriction Of the particular event they’re protesting/picketing |
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Do students have any constitutional protection with speech at school? Under what circumstances? |
Yes they have constitutional protection however it is limited because the schools need to have some sort of restriction on what the kids can say or they will start to think that they have the power to say whatever they want with in the school sanction |
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