POLS 2311 EXAM 4

Bill of Rights

The first ten amendments to the United States Constitution that guarantee individual rights and freedoms.

Texas v. Johnson

Flag burning is protected as symbolic speech

giddion v Wayneright

states are required to provide legal counsel to indigent defendants charged with a felony

Furman v Georgia

The death penalty is unconstitutional because of how it’s applied violation of 8th amendment

Edward’s v angular

Forcing the teaching of creationism is violation of first amendment

Ingle v vital

School prayer is violation of first amendment

Reynolds v. u.s

Anti polygamy laws

Shank v u.s

Clear and present dangers clause

Grizwall v Connecticut

Penumbra theory for right to privacy

Exclusionary Rule

A legal principle stating that evidence obtained in violation of a defendant's constitutional rights is inadmissible in court.

4th amendment

Protection from unreasonable search and seizure

5th amendment

Right to remain silent

6th amendment

Right to an attorney

8th amendment

Protection from cruel and unusual punishment

No Establishment Clause

Part of the First Amendment that prohibits the government from establishing an official religion.

Roe v. Wade

A landmark 1973 Supreme Court case that recognized a woman's right to choose to have an abortion.

Ex Post Facto

A law that makes an act illegal retroactively, meaning that a person can be punished for an action that was legal when done.

Libel

A published false statement that is damaging to a person's reputation.

Slander

The action or crime of making a false spoken statement damaging to a person's reputation.

Fourth Amendment

Protects against unreasonable searches and seizures and sets requirements for search warrants.

Sixth Amendment

Guarantees the right to a fair trial, including the right to an attorney, an impartial jury, and the right to confront witnesses.

Abington School District v. Schempp

A Supreme Court case that ruled against mandated Bible reading in public schools as an unconstitutional violation of the First Amendment.

Fighting Words

Speech that incites violence or a breach of the peace, which is not protected by the First Amendment.

Lemon Test

A three-part test established in Lemon v. Kurtzman to determine whether a law violates the Establishment Clause.

Miranda v. Arizona

A 1966 Supreme Court case that established the requirement for police to inform a detainee of their rights before interrogation.

Mapp v. Ohio

A landmark case that ruled that evidence obtained in violation of the Fourth Amendment cannot be used in state courts.

Applies exclusionary rule to states

Substantive Due Process

Legal doctrine that protects certain fundamental rights from governmental interference.

Procedural Due Process

Legal requirement that the state must respect all legal rights that are owed to a person.

Weeks v. US

A case that established the exclusionary rule in federal cases.

New York Times v. Sullivan

A landmark case that established the standard of 'actual malice' for press reports about public officials.

Barron v. Baltimore

A case that ruled that the Bill of Rights applies only to the federal government and not the states.

Gitlow v. New York

A Supreme Court case that held that the First Amendment's provisions on free speech apply to states through the Fourteenth Amendment.

Miller v. California

A Supreme Court case that established the Miller test for determining whether speech or expression is obscene.

13th Amendment

A constitutional amendment that abolished slavery in the United States.

14th Amendment

Grants citizenship to all persons born or naturalized in the United States and guarantees equal protection under the law.

15th Amendment

Prohibits the federal and state governments from denying a citizen the right to vote based on race.

Civil Rights Act of 1964

Legislation that prohibits discrimination based on race, color, religion, sex, or national origin.

Seneca Falls Conference

An 1848 meeting that marked the beginning of the women's rights movement in the United States.

Jim Crow Laws

State and local laws that enforced racial segregation in the Southern United States.

Montgomery Bus Boycott

A 1955-56 civil rights protest against racial segregation on the public transit system in Montgomery, Alabama.

Black Codes

Laws passed in the Southern states after the Civil War to restrict the rights of freed slaves.

Bakke Case

A Supreme Court case that addressed the issue of affirmative action in university admissions.

19th Amendment

Granted women the right to vote in the United States.

Brown v. Board of Education

A landmark 1954 Supreme Court case that declared racial segregation in public schools unconstitutional.

Plessy v. Ferguson

A Supreme Court case that upheld the constitutionality of racial segregation under the 'separate but equal' doctrine.

Lawrence v. Texas

A Supreme Court case that struck down laws criminalizing homosexual conduct, affirming the right to privacy.

Defacto Segregation

Segregation that occurs without any legal enforcement, often as a result of social or economic factors.

Dejure Segregation

Segregation that is enforced by law.

Dred Scott v. Sanford

A Supreme Court case that ruled that African Americans were not citizens and had no standing to sue in federal court.

Affirmative Action

Policies that take factors such as race, color, religion, gender, or national origin into account in order to benefit an underrepresented group.

Federal Judges Appointment

Federal judges are appointed by the President and confirmed by the Senate.

Marbury v. Madison

A Supreme Court case that established the principle of judicial review.

Justices on the Supreme Court

There are nine justices who sit on the Supreme Court.

Jurisdiction of the Federal District Court

Federal District Courts have jurisdiction over federal cases and disputes involving federal law.

Jurisdiction of the U.S. Court of Appeals

The U.S. Court of Appeals hears appeals from district courts and some federal agencies.

Jurisdiction of the Supreme Court

The Supreme Court has appellate jurisdiction and limited original jurisdiction.

Rule of Four

A Supreme Court procedure requiring that at least four justices must agree to grant a writ of certiorari.

Writ of Certiorari

An order by a higher court directing a lower court to send up a case for review.

Stare Decisis

The legal principle of determining points in litigation according to precedent.

Writ of Mandamus

A court order compelling a public official to perform a mandatory or purely ministerial duty.

Different Types of Law

Includes constitutional law, statutory law, administrative law, and common law.

Different Types of Jurisdiction

Includes original jurisdiction, appellate jurisdiction, concurrent jurisdiction, and exclusive jurisdiction.

Majority Opinion

An opinion that is agreed upon by more than half of the members of a court.

Concurring Opinion

An opinion that agrees with the majority decision but offers different reasoning.

Dissenting Opinion

An opinion written by one or more judges expressing disagreement with the majority opinion.

Judicial Activism

Judicial rulings suspected of being based on personal or political considerations rather than on existing law.

Judicial Restraint

The theory of judicial interpretation that encourages judges to limit the exercise of their own power.

Robert Bork

A legal scholar and jurist whose nomination to the Supreme Court was rejected by the Senate.

Plea Bargain

An agreement in a criminal case where the defendant pleads guilty to a lesser charge in exchange for a lighter sentence.

Felony

A serious crime typically punishable by imprisonment for more than one year.

Misdemeanor

A less serious crime, usually punishable by less than a year of imprisonment.

Senatorial Courtesy

The practice whereby senators will defer to the judgment of a senator from the state in which a nominee will serve.

Plaintiff

A person who brings a case against another in a court of law.

Defendant

An individual, company, or institution sued or accused in a court of law.

ESSAY

Discuss the structure and organization of the Federal Court system? How are judges selected? What is the jurisdiction of each court? What are the different types of law the federal courts apply?

ESSAY

Discuss the selective incorporation of the Bill of Rights in regards to the rights of the accused? What are the key amendments and court cases defining the rights of the accused?

Doctrine of selective incorporation refers to the process by which the Supreme Court applies the Bill of Rights to state laws through the 14th amendment Due Process Clause.

Schenck v us- a landmark case that established the "clear and present danger" test for limiting free speech rights during wartime.

Gitlow v new york-a pivotal case that extended free speech protections to the states by establishing that the First Amendment applies to state laws through the 14th Amendment.

4th amendment- protection against unreasonable search and seizure

weeks v United States- established the exclusionary rule, which prevents illegally obtained evidence from being used in court.

Mapp v ohio- applies exclusionary rule to state court.

Katz v United States- ruled that words as well as things are protected by the 4th amendment

5th amendment- protection against self incrimination

Malloy v Hogan- Protection against self incrimination applies to the states

Miranda v Arizona- suspects must be alerted to the following right to remain silent, and right to san attorney.

6th amendment- Right to council

Powell v alabama- in capital cases defendants must be given an attorney

Gideon v wainwright- right to an attorney extends to felony defendants in state court

8th amendment- protection against cruel and unusual punishment

Furman v Georgia-found that the death penalty as applied was unconstitutional, leading to a temporary halt of capital punishment in the U.S.

Gregg v georgia- lists crimes that can get the death penalty

Coker v Georgia- death for death

ESSAY

Discuss the Freedom of Expression. What are the key Supreme Court rulings on the freedoms of speech, religion, and the press? What are the limitation of each?  Note any relevant court cases.

Chaplinsky v newhampshire- fighting words are not protected by the. first amendment

Texas v Johnson- protects symbolic speech like flag burning

New York Times v U.S- ruled that prior restraint on publication is unconstitutional, reinforcing the freedom of the press.

ESSAY

Discuss the history and progression of civil rights in the United States. What have been the major court cases and legislation that have advanced the cause of civil rights?

Dred scott v Sandford- a landmark Supreme Court case in 1857 that ruled that African Americans could not be considered citizens and thus had no standing to sue in federal court.

13th amendment- abolishes slavery

14th amendment- implemented to ensure free men got the sam rights as everyone else

Black codes- prevented African Americans from owning property, attending public schools, voting among other things

Plessy v Ferguson- Creates “separate but equal”

Sweatt v painter- states breaking down separate but equal allowing a black student to attend a “white” law school.

Brown v Board of Education- a pivotal Supreme Court case in 1954 that declared racial segregation in public schools unconstitutional, overturning Plessy v Ferguson.

Civil rights act of 1964- landmark legislation that prohibited discrimination based on race, color, religion, sex, or national origin, effectively ending segregation in schools and workplaces.

heart of Atlanta Motel v United States- a Supreme Court case that affirmed the Civil Rights Act of 1964 by prohibiting racial discrimination in public accommodations because of interstate commerce.