Government Court Cases
Terms
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- Court case to outlaw reading of the bible and the use of prayer written by the Board of Education in schools. 1962
- ENGLE VS VITALE
- Court case to outlaw the forcing of Amish children to attend school beyond 8th grade
- WISCONSIN VS. YODER
- Court case to lay down a three-part test to determine what material is obscene or not.
- Miller vs. California
- Court case to compell the State to protect the physical and psychological wellbeing of minors from pronography, including films.
- Osborne VS Ohio
- Court case to exhonorate the Japanese persons who were forced into prison during WWII-US. citizens
- Korematsu VS U.S.
- Court case which held the school district rule that kids could be expelled for not saying the flag salute= unconstitutuinal infringement of religious freedom, nationalism, and orthodox politics.
- West Virginia Board of Education Vs Barnette
- Court case which upheld the right to demonstrate because the demonstrators were non-violent.
- Gregory VS Chicago
- Court case which upheld the philosphy that reports must respond to relevant questions in a valid grand jury investigation or criminal trial.
- Branzburg VS Hayes
- Court case which upheld the school district's right to ban arm bands because they are a disruption and are not being used in the correct sight for demonstration purposes.
- Tinker VS Des Moines
- Court case which upholds the federal prison rule that allows officials to prevent an inmate from receiving publications considered "detrimental to the security, good order, or discipline of the prison."
- Snepp vs U. S.
- Court case which upholds the 14th Amendment rights of freedom of the press as a Federal and State law
- Near vs. Minnesota
- Court case forbidding the use of poisonous snakes in religious rites.
- Bunn VS Carolina
- Court case which upholds the decision which permitts teachers to control style and content of student speech in school sponsored expressive activities as long as their action is related to a legitimate teaching concern.
- Hollywood School District VS Kuhlmeier
- Court case which upholds the decision which made the practice of a moment of silence for meditation and or voluntary prayer at the beginning of each school day was unconstitutional.
- Wallace vs. Jeffree
- Court case which upheld the law that it was a crime to burn the draft card because it is not an expression of freedom of speech.
- U.S. vs O'Brien
- Court case which upholds the law that it is unlawful to obstruct the war effort even if it was by words
- Schneck vs U.S.
- Court case which upholds the law that it is unlawful to charge people with wrongdoing even if they burn the flag due to protection of freedom of speech.
- Texas vs Johnson
- Court case which declared it unconstitutional to withhold books purchased with Federal funds from private schools.
- Board of Education Vs Allen
- Court case which found the practice of prayer being a part of public graduation ceremony as unconstitutional.
- Lee VS Weisman
- Court case which upheld that it was not ok to take evidence in a search warrant case which was not on the search warrant if they were searching in good faith.
- U.S vs Leon
- Court case which made it illegal to use evidence obtained in illegal searches by federal officers
- Weeks vs U.S.
- Court case which upheld that the police can not withhold a lawyer from the accused at questioning
- Escobedo vs Illinois
- Court case which upheld that the cruel and unusual punishment is only limited to criminal matters and does not forbid paddling in public schools.
- Ingraham vs. Wright
- Court case which upheld the decision of the lower court that the state can deny jury trials in cases which do not impose capital punishment nor imprisonment at hard labor
- Klopfer vs U.S.
- Punishment of Crimes- Bail must be in relationship to the severity of the crime.
- 8th Amendment
- small jury
- petit jury
- longest time between arrest and charges filed
- 120
- Court case which upheld the Louisiana law requiring segregation of whites and African Americans in railroad coaches.
- Plessey vs Ferguson
- Acquisition of American citizenship, at birth, because of birth in the United States, the law of the soil, where born.
- Jus Soli
-
Criminal proceedings: where a person accused of crimes has the right to be tried in court without undue delay.
(which ammendment?) - 6th Amendment
- Court case which upheld illegal search and seizure as unconstitutional- narcotics in Rochins room when officers broke in and he took 2 capsules which were on the dresser/nightstand. They took him to the hospital to pump his stomach and found it was morph
- Rochin VS California
- Court case which upheld the case where police can stop a vehicle to examine drivers or passengers for signs of intoxication even when there is no evidence of drinking or just cause.
- Michigan vs. Sitz
- Court case which upheld the judgement that it is unconstitutional to forbid interracial marriages. 1967
- Loving vs Virginia
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Search, Seizure, Proper Warrants
Police must abide by lawful search and seizure laws with a warrant based on probable cause. This is reinforced by the exclusionary law if evidence was obtained illegally, it cannot be used in court. (Which ammendment - 4th ammendment
- Court case which upheld the position that police need a search warrant to search or seize evidence.
- Katz vs U.S.
- Court case stating that if a person is informed that the search and seizure of drugs is in process, and will submit to such a search, they don't have to read him his miranda rights first. Has the right to refuse the search.
- U.S. vs Santana
- Court case which upheld the law that it is unlawful to allow separate public schools for whites and African-American students.
- Brown vs Board of Education
- Court case which held that because the information was gained by a televised show where questions were asked in a different location, time, and context the information could not be used againt the defendant.
- Oliver vs U.S.
- Court case which held that Oregon compulsary school attendance was uncontitutional. (This was also a law which required parents to send their children to public schools)
- Pierce vs. Society of Sisters
- Court case which upheld that it was unlawful to conduct unreasonable searches and seizures in State cases.
- Mapp vs Ohio
- Court case which upheld there is no right of privacy so no need for a search warrant on articles left at the curb for the garbage man.
- California vs Greenwood
- Court case which upheld that the state can impose the death penalty only for crimes resulting in death of the victim.
- Coker vs Georgia
- Court case which upheld that the right to counsel when being questioned is applicable to the state cases also.
- Gideon vs Wainwright
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Criminal proceedings, due process, eminent domain
A person can only be tried for a serious federal charge if they have been charged by a grand jury. You cannot be tried twice for the same crime (double jeopardy). You can't be made to answer question - 5th amendment
- Court case which holds that it is unconstituionl to force a person accused of a crime to self-incriminate in questioning of a State case.
- Malloy vs Hogan
- Court case which struck down all state laws which allowed death penalty because they targeted the blacks and the poor people or the poor black people. Mandatory death penalty laws are unconstitutional
- Furman vs Georgia
- Citizenship of child is same as parent. U.S. citizen if the child is born to parents with US citizenship even if born in another country.
- Jus Sanguinis
- Court case in which it was found that Nixon had to release his oval office tapes of the Watergate affair to the court.
- U.S. vs. Nixon
- A writ by a superiour court calling up the record of a proceeding in an inferior court for review
- Write of Certiori