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53 Cards in this Set
- Front
- Back
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Stand on past decisions (treat similar offenses in a similar way)
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Stare Decisis
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Deciding new cases from the past reference to similar cases from the past
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Precedent
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Criminal Cases
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Defendant- accused of wrong doing
Plantiff- the one bringing the charges (the state) Victim- the witness (happened to you) |
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Civil Cases
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Plantiff- suffered the damage
Defendent- caused the damage *state of MS stays neutral they just provide the court room/officials they don't pick side |
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Authority to hear cases (Power)
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Jurisdiction
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Trial Courts (1st time it is presented)
-Judge or Jury -Consider the FACTS -Render verdict based on facts (guilty/not guilty) |
Original Courts
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Consider the LAW
-Hears Appeals -Panel of Judges -Considers questions of Law Exceptions: error correction in MS/considers disputed facts |
Appellate Court
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Has 3 basic options:
1. Affirm- (uphold) affirms the guilty convention 2. Reverse- (overturn) rule that an error is made only choice it to reverse 3. Remand- send the case back to original jurisdiction |
What can or does an Appellate court do?
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When the US has a position on the court and argues on behalf of the court. Who is it?
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Solicitor General
Elena Kagen: newest and youngest |
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Court ruled that private parties can't be allowed to silence a speaker
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Heckler's Veto
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Bill of Rights applied only to USA, not the states (court ruled)
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Barron vs. Baltimore
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Ruled that the "due process clause" required states to protect basic rights (14th amendment) (changed states must abide)-started the process of incorporation
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Gitlow vs. New York
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Separate of church and state
-Engel vs. Vitale: Prayer in School |
Establishment
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Prayer in school case
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Engel vs. Vitale
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14th Amendment started this-the idea that the protection we are granted in the 14th amendment (due process)
-this is an ongoing thing and case-by-case the states are required to abide by |
Incorporation
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"Due Process Clause" required states to protect basic rights
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14th Amendment
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Court lists requirements mastered must meet to be considered (case)
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Miller vs. California
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Obscenity Case
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Roth vs. United States
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can't incite the crowd (a public speaker)
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Incitement Test
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Chaplinksy vs. New Hampshire
... very utterance cause injury or immediate breach of the peace |
Fighting Words
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Freedom of Religion Cases
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Reynolds vs. United States
Oregon vs. Smith |
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Limits created by the Supreme Court
-"clear and present danger test" -"bad tendency rule" -imminent lawless auction" |
Freedom of Speech
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Chief Justice of the Supreme Court
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John Roberts
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Senior member of the Supreme Court
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Antionin Scalia
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Associative Justice of the Supreme Court: Most important because he is moderate
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Anthony Kennedy
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Following the rules
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Strict Constructivist
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reading between the lines
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Broad Constructivist
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Court Decisions
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Affirm, Reverse, Remand (3 options for the Supreme Court to vote)
-Majority |
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Court Opinions
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Majority- all of the legal weight
-dissenting -concurring |
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What does the Supreme Court do when it hears a case?
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- Each side has 30 minutes
-Justice votes in private conference (Friday: only 9 of them) -Decisions (Affirm, Reverse, Remend): the three options to vote and the majority rules |
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Court lists requirements mastered must meet to be considered obscene
-court created a test: requirements that must be met to be considered obscene |
Miller vs. California
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Roth vs. United States: by state (town) no the united states decision- not protected by the constitution
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Obscenity
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Oral defamation of character
lying with malicious intent |
Slander
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Tinker vs. Des Moines School District: High school student wore arm band with peace sign
Texas vs. Johnson: Burning flag on steps of Texas state legislator |
Symbolic Speech
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Protected by the 1st Amendment
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Hate Speech
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-Essential for a democracy
- court usually side with the pres even if it conflicts with other rights |
Freedom of the Press
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Censorship Issue: "No prior restraint" High level of defense stole a piece of documentation and NY time published the pentagon paper because everyone found our the President was lying
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New York vs. United States
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Written defamation of character
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Libel
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Actual malice "knowledge its virtue"
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New York times vs. Sullivan
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Do NOT have same protection as newspapers
-newspaper has more protection |
TV and Radio
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right to protect, government can require permits
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Cox vs. New Hampshire
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Right to assemble/Right to Protest
-assemble, exclude the gay and it is their right to do whatever |
Boy Scouts vs. Dale
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right to privacy created
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Griswold vs. Conn
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Women's right to privacy: abortion
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Roe vs. Wade
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You have a right to your information
FOIA: Freedom of Information Act |
Privacy Act
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Sex Issues: gays/Lesbians
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Lawrence vs.Texas
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Educational rights to parents
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FERPA: ferderal eduction rights of privacy act
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anything you say can and will be used against you
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Miranda Warnings
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Evidence ceased in an unlawful manor must be excluded in the court of law (can't break in and steal evidence but doesn't need a warrant to search)
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Exclusionary Rule
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Gideon vs. Wainright
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Right to an attorney
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Produced the body: if you are being detained you have a right to know why and the judge will want to see you in person to make sure you know
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Writ of Habas Copus
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How do they decide which case to hear? 4 out of 9 have to vote to hear
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Rule of 4
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Make circuit- legal document
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Writ of Certiorari
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