Court cases

Bill of Rights

The first 10 amendments to the Constitution make up the Bill of Rights. Written by James Madison in response to calls from several states for greater constitutional protection for individual liberties, the Bill of Rights lists specific prohibitions on governmental power.

1st

RAPPS

2nd

bear arms

4th

search and seizure

5th

Grand jury ; Due Process; Eminent Domain; Double Jeopardy; Protection from Self incrimination; death penalty; takings clause

6th

The right to a speedy Trial by jury, representation by an attorney for an accused person, right to confront a witness

8th

No cruel and unusual punishment including excessive bail

9th

Citizens entitled to rights not listed in the Constitution (unenumerated rights)

14th

Declares that all persons born in the U.S. are citizens and are guaranteed equal protection of the laws (privileges and immunities), due process

incorporation

the legal concept under which the supreme court has nationalized the bill of rights by making most of its provisions applicable to the states through the 14th amendment

Establishment clause

The first clause of the First Amendment; congress can't make a law establishing a national religion

Free Exercise Clause

A First Amendment provision that prohibits government from interfering with the practice of religion.

exclusionary rule

a law that prohibits the use of illegally obtained evidence in a criminal trial. (If it was obtained without a warrant or in some other illegal way)

Good Faith

Evidence obtained in good faith on a valid search warrant that later found to be lacking probable cause is still admissible (exception to the exclusionary rule)

Plain view doctrine

Allows officers to seize, without a warrant, evidence found in Plainview during law for observation. Extend it to Plainfield, plain smell, and plain hearing. (exception to the exclusionary rule)

Open Fields Doctrine

items in open fields are not protected by the Fourth Amendment and can be taken by an officer without a warrant or probable cause. (exception to the exclusionary rule)

Fruit of a poisonous tree

Additional evidence that is discovered from evidence obtained through an illegal search, is also not admissible in court. (extension of the exclusionary rule)

Inevitable discovery

Allows evidence of a defendant's guilt that would otherwise be considered inadmissible under the exclusionary rule to be admitted into evidence in a trial.

inevitable discovery

If they will eventually find it, they can still use it as evidence

Eminent domain

Power of a government to take private property for public use with just compensation

federal judges

serve for life

supreme court justices

John Roberts jr, Clarence Thomas, Ruth Bader Ginsburg, Samuel Alito, Sonia Sotomayor, Stephen Breyer, Elena Kagan, Neil Gorsuch, Brett Kavanaugh

Jurisdiction

Authority to hear a case

Original jurisdiction

the authority to hear cases for the first time (SCOTUS has this)

Appellate Jurisdiction

Authority of court to review a decision of a lower court or administrative agency. Heard anytime after the first time. Doesn't listen to evidence. Occurs when someone appeals (SCOTUS has this)

Exclusive Jurisdiction

Only that court can hear a specific case

stare decisis

Let the decision stand; decisions are based on precedents from previous cases

amicus curiae

a brief submitted by a "friend of the court"

writ of certiorari

A formal writ used to bring a case before the Supreme Court.

What kind of cases does the Supreme Court hear

-Cases dealing with constitutional law

-Cases dealing with treaties and foreign ambassadors

-Cases dealing with state against state issues

(majority vote rules)

*Choose to hear 150/5,000 cases a year

How does the court choose its cases

discrepancies in lower court ruling

pressing public issue

clarifying a constitutional issue

justices' personal agendas

Rule of 4

How the Supreme Court decides whether to hear a case. Requires four or more justices to "grant certiorari" (agree to hear an appeal). Supreme Court agrees to hear <1% of cases.

Judicial activism

An interpretation of the U.S. constitution holding that the spirit of the times and the needs of the nation can legitimately influence judicial decisions (particularly decisions of the Supreme Court)

judicial restraint

a theory of judicial interpretation that encourages judges to limit the exercise of their own power. Opposite of judicial review

Strict constructionist

A person who interprets the constitution based on the meaning when it was ratified

Brief

A written statement by an attorney that summarizes a case and the laws and rulings that support it

precedent

an earlier event or action that is regarded as an example or guide to be considered in subsequent similar circumstances.

Matal v. Tam

The "disparagement clause" of the Lanham Act, which prohibited trademarks that disparaged individuals or groups of people, SCOTUS found it unconstitutional.

Barron v. Baltimore

Case where state of Maryland took Barron's land without compensating him.

The 1833 Supreme Court decision holding that the Bill of Rights restrained only the national government, not the states and cities.

Gitlow v. New York (1925)

"First" incorporation case. It was about free speech. Supreme Court says the First Amendment applies to states and was incorporated in this case

Near v. Minnesota (1931)

Case about Minnesota stopping a publication before it even happened. The Supreme Court said you can't shut down press before it prints. The Supreme Court decision holding that the First Amendment protects newspapers from prior restraint. Incorporated First Amendment freedom of press

DeJonge v. Oregon (1937)

The Court established that the right of assembly was as important as other First Amendment rights and used the due process clause of the Fourteenth Amendment to apply freedom of assembly to the states. Incorporated First amendment freedom of assembly

McDonald v. Chicago

The Court held that the right of an individual to "keep and bear arms" protected by the 2nd Amendment is incorporated in this case. The decision cleared up the uncertainty left in the wake of D.C. v. Heller as to the scope of gun rights in regard to the states.

Mapp v. Ohio (1961)

Incorporated the 4th amendment exclusionary rule; illegally obtained evidence cannot be used in court. When the police were searching Mapp's apartment for evidence of bombs because of her boyfriend, they found a box with porn and tried to use it against her but the evidence was obtained without a warrant and therefore had to be excluded

Cantwell v. Connecticut (1940)

Incorporated first amendment freedom of religion. Religious speech is protected, even from door to door, and cannot be regulated, as it would violate the 1st and 14th amendments

Wolf v. Colorado

Incorporated 4th amendment no unreasonable searches and seizures. Wolf was convicted of conspiracy to commit abortion. There was no warrant. This did not incorporate the exclusionary rule

Malloy v. Hogan (1964)

Incorporated the 5th Amendment's self-incrimination clause. Malloy was ordered to testify about gambling and other criminal activities but he refused because he would incriminate himself. Then he was arrested. He filed a habeas corpus petition challenging his confinement. The supreme court ruled that self incrimination is protected by the 14th amendment.

Benton v. Maryland (1969)

Incorporation of 5th amendment double jeopardy. Overturned Palko v. Connecticut (1937). Benton was tried on charges of burglary and larceny. He was found not guilty of larceny but convicted of burglary. The supreme court ruled that he was placed in jeopardy twice and that the Double Jeopardy Clause is applicable to the states via the 14th amendment.

Oliver v. United States

(Open Field exception) Police in Kentucky went to a house because of reports of marijuana. There was a no trespassing sign so they walked around the fence and saw a marijuana field so the owner got arrested. Open fields cannot support a reasonable expectation of privacy and are thus not protected by the 4th Amendment.

Gideon v. Wainwright

Incorporated the 6th amendment right to counsel. In the case, the Supreme Court unanimously ruled that state courts are required under the Sixth Amendment of the Constitution to provide counsel in criminal cases for defendants unable to afford their own attorneys.

Pointer v. Texas

Incorporated 6th amendment right to confront and cross examine witnesses. A petitioner was arrested

And brought for a hearing on a robbery charge. The complaining witness testified but petitioner did not cross examine. He was later indicted and tried. The witness had moved to another state and the transcript of his testimony at the hearing was introduced over the petitioners objections that he was denied the right of confrontation. The judge ruled that he still had the right to confront the witness and that the transcript testimony was not sufficient

Parker v. Gladden

Incorporated 6th amendment right to impartial jury.

The petitioner was convicted of second-degree murder. At the hearing a bailiff that was assigned to sequester the jury has stated to multiple jurors that the defendantwas guilty. These statements violated the defendants right to an impartial jury.

Klopfer v. North Carolina

Incorporated the 6th amendments right to a speedy trial. This case answered the question of can the state make the defendant wait indefinitely for a re-trial. The Supreme Court said that by indefinitely postponing prosecution without justification the state denied the defendant the right to a speedy trial guaranteed by the sixth and 14th amendments

Duncan v. Louisiana

incorporated the Sixth Amendment right to a jury trial and applied it to the states. The supreme court ruled that the sixth amendment guarantees a trial by jury in criminal cases and that states were obligated under the 14th amendment to provide such trials.

Robinson v. California

Incorporated the 8th amendment's right to freedom from cruel and unusual punishment. California had a law saying that it was illegal for someone to be addicted to the use of narcotics and would be sentenced to at least 90 days in jail. The supreme court ruled that imprisoning people afflicted with the illness of narcotic addiction was a cruel and unusual punishment.

Engel v. Vitale

New York schools had a prayer that they said every day. so two parents sued and said it was a violation of the establishment clause. The Supreme Court ruled that even nondenominational prayer could not be required of public school children

Santa Fe Independent School District v. Doe

At the high school football games, there was student lead and student initiated prayer. This prayer was led by a student body Chaplin . The Supreme Court said it was unconstitutional to pray at a school sporting event

Lemon v. Kurtzman

Pennsylvania law allowed state financial support such as textbooks and teacher salaries for secular subjects taught in parochial schools. The court ruled that the state violated the establishment clause by providing aid to parochial schools. This also establish the lemon test.

The lemon test

To be constitutional it must

1. have a secular purpose

2. Neither advance nor inhibit religion

3. not foster excessive government entanglement with religion

Oregon v. Smith

This case dealt with the practice by native American Indians of smoking peyote to get closer to God. Smith got fired as a drug counselor and sued for unemployment. Oregon refuse to grant him unemployment because they believed he was rightfully fired. The Supreme Court said he wasn't being discriminated against because of his religion and that Oregon didn't violate his free exercise.

Church of Lukumi Babalu Aye v. City of Hialeah

The church cut off chickens head as a sacrifice but the city banned the killing of chickens. The Supreme Court said that the city couldn't do that because they were targeting a specific religion and that it violated the free exercise clause.

Burrell v. Hobby Lobby

Obamacare said that any employer with a certain amount of employees must provide healthcare with contraceptives including Plan B. Hobby lobby didn't think that Plan B was a contraceptive since it's used after conception. The Supreme Court said that since they have proven to be a devoutly Christian family and they don't believe in Plan B they do not have to supply it to their employees.

Zenger Case (1735)

1st amendment freedom of press before it was even a thing. William Cosby attempted to stop negative press about himself in the New York Times. Philadelphia lawyer Andrew Hamilton defended

Zenger. He won because the articles about Cosby were actually true.

Regina v. Hicklin

(Hicklin case) Isolated passage effect and susceptible person standard known as the Hicklin Test. The Hickland test defines obscenity as anything "depraves and corrupts the minds of people who are open to such immoral influences and into whose hands a publication of this sort might fall"

Schenck v. United States

A 1919 decision upholding the conviction of a socialist who had urged young men to resist the draft during World War I. Justice Holmes declared that government can limit speech if the speech provokes a "clear and present danger" of substantive evils. This created the clear and present danger test which is the first test of free speech and also the most important.

DC v. Heller

the 2nd Amendment protects the right of individuals to possess a firearm for personal use; specifically, there is a constitutional right to keep a handgun in the home for self defense. This case was not incorporation because DC is not a state.

Chaplinsky v. New Hampshire (1942)

Chaplinsky was arrested for protesting. While being arrested he cursed at the officer and called him a fascist. The supreme court held that some speech that causes a "breach of the peace" or incitement to violence is not protected. These are known as "fighting words".

Joseph Burstyn Inc. v. Wilson (1952)

Overturns film case. New York found the movie Robert Rossellini'd Il Miracolo to be offensive and revoked Burstyn's exhibitors license because of it. Supreme court said that the movie was protected under the first amendment speech.

New York Times v. Sullivan

This was a civil rights case. The New York Times was the only newspaper that covered the civil rights movement when it started. They got paid to print ad in the newspaper that caused an issue. There were two things wrong with that ad, and one of them what is that it said a police officer locked the cafeteria and didn't let the kids eat. This part offended Sullivan because he thought it would slander his name. The New York Times then got banned from covering anything in Alabama. The Supreme Court said Mr. Sullivan was not entitled to libel damage because he's a public figure

U.S. v. O'Brien

O'Brien and three others burned their draft cards. The supreme court said that you can light something on fire in protest as symbolic speech, but not a draft card because it's a government document

Brandenburg v. Ohio

This case overturned Whitney v. California and Dennis v. United States. A man was arrested for burning a cross making a speech on TV in front of armed men (hate speech). The Supreme Court said it was symbolic speech in so it was protected.

Ashcroft v. Free Speech Coalition

The child pornography prevention act was passed which made it illegal for virtual child porn. The supreme court said this was unconstitutional because there was no victim in virtual film because it wasn't real.

United States v Leon

(Good faith exception case) The police applied for a warrant after getting a tip, and the judge issued the warrant. Later a different judge concluded that affidavit for the warrant wasn't sufficient for probable cause. Since the police still executed the warrant properly and still acted in good faith so the evidence is still admissible.

Massachusetts v. Sheppard

(Good faith exception case) Boston police wanted to search a home so he had to prepare an affidavit. He used an old form to do so with somethings crossed out. The judge approved but it didn't have the pieces of evidence on the warrant. The police found the murder weapon in the house. The evidence is still good because it was the judges mistake

Weeks v. US

The police used seized papers from weeks to confront him of transporting lottery tickets through the mail without a warrant. The supreme court ruled that the search and seizure violated the fourth amendment so the government had to give it back.

Nardone v. United States

(Fruit of the poisonous tree case) someone smuggled and concealed alcohol. The police tapped their cell phones without a warrant and then found more evidence. They then couldn't use either of the evidence in court because they found it illegally.

Nix v. Williams

(Inevitable Discovery case) A 10 year old girl went missing and the defendant was arrested. On the way back to the police station, the officer had a conversation with him that led to him making incriminating statements and directed the officers to the child's body. None of the incriminating information could be used, but the area was already being searched before the car ride so it would have inevitably been found. The child's body and evidence from that is still admissible

Miranda v. Arizona

Miranda kidnapped and raped an 18-year-old girl. He was mentally unstable with a ninth grade education. When he was questioned the police told him to confess so he did but he was never told that he didn't have to answer their question. The Supreme Court said that you have to warn anyone arrested with Miranda rights (right to remain silent, etc).

Maryland v. Craig

(Confront a witness) A child can testify through close circuit TV, out of presence of the defendant who could communicate with attorneys.

Furman v. Georgia (1972)

The court temporarily halted capital punishment because more blacks were being executed.

Kelo v. City of New London

(5th amendment eminent domain and takings clause case). The city of New London used eminent domain to condemn houses for economic development to increase property taxes. The Supreme Court agreed with the city, but people were mad because the city didn't use the land for public use and they used it just to increase property taxes which isn't how eminent domain is supposed to be used.

Griswold v. Connecticut

(9th amendment Right to privacy case) Connecticut law prohibited the dissemination of information about birth control was illegal. The Supreme Court ruled that we have zones of privacy including married couples right to plan a family

Roe v. Wade

(9th amendment right to privacy) "Jane Roe" didn't want another child, but she got pregnant. Texas had a law banning all abortions. The court divided pregnancy into 3 trimesters. The Supreme Court said that states couldn't ban abortion in the 1st trimester, could regulate it in the 2nd for Health of the mother, and can ban it in the 3rd

Planned Parenthood v. Casey

(9th amendment right to privacy) 1992 abortion case that applied new flexible test (instead of rigid trimester framework of Roe v Wade): Does state regulation of abortion place "undue burden" on women's right to an abortion? Court used test to uphold some regulations like waiting periods of 24 hours and parental notification for minors.

Lawrence v. Texas

(9th amendment right to privacy) A Texas law classifying consensual, adult homosexual intercourse as illegal. The supreme court said that it violated the privacy and liberty of adults to engage in private intimate conduct under the 14th amendment.

Gonzales v. Oregon

(9th amendment Right to die) Court upheld Oregon law that allows physicians to prescribe drugs to terminally ill patients in physician assisted suicide