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