A precedent is a legal decision that sets an example for future cases, aiming to prevent recurrence.
Appeal courts review decisions made by lower courts to ensure they are constitutionally sound.
Fair treatment within the judicial system. A key case is Gideon v. Wainwright.
Includes:
No self-incrimination
No double jeopardy
Right to a grand jury
Eminent domain
Due process
Rights read to suspects, including the right to remain silent and the right to an attorney.
Miranda confessed to rape but was not informed of his right to an attorney. The Supreme Court had to decide if the Fifth Amendment protection against self-incrimination extends to police interrogation. In a 5-4 decision, the court favored Miranda, establishing that suspects must be informed of their rights.
The right to express ideas and opinions freely.
Illegally obtained evidence cannot be used in court, per the Fourth Amendment.
Case/Date: Hazelwood v. Kuhlmeier
Background: The principal deleted two pages from the school paper concerning “school pregnancy” and “divorce.”, because it could reveal the identites of some students, wasn’t fit to tbe read by 9th graders, and deemed disruptive
Question: Did the principal violate the students' rights to freedom of the press?
Decision: 5-3 in favor of the school district.
Precedent: Schools can control school newspapers if there are concerns.
Case/Date: Bethel v. Fraser, 1986
Background: Matthew Fraser was suspended for lewd speech at a school assembly.
Question: Does the First Amendment prevent a school district from disciplining a student for lewd speech?
Decision: 7-2 for the Bethel school district.
Precedent: Schools can discipline students for inappropriate language.
Case Name: NJ v. TLO
Date: 1980
Background: A teacher found two girls smoking in the bathroom, leading to a search of T.L.O.’s purse where marijuana was found.
Question: Does the Fourth Amendment apply to students in public schools?
Decision: 6-3 in favor of the school.
Precedent: Schools can search students' bags without a warrant.
Case/Date: Tinker v. Des Moines
Background: Students wore armbands to protest the Vietnam War and were suspended.
Question: Does free speech protect symbolic speech in public schools?
Decision: 7-2 for the Tinkers.
Precedent: Students have free speech rights unless it causes disruption.
Case/Date: Mapp v. Ohio, 1961
Background: Police searched Mapp’s house without a valid warrant and found obscene materials.
Question: Were the materials protected from seizure by the Fourth Amendment?
Decision: 5-3 in favor of Mapp.
Precedent: Illegally seized evidence cannot be used in a criminal prosecution.
Prohibits the government from establishing a state religion.
9 justices.
Established “separate but equal,” allowing racial segregation.
Overturned Plessy, declaring segregated schools inherently unequal.
Case/Date: Roper v. Simmons, 1993-2005
Background: Christopher Simmons, a minor, committed a brutal murder.
Question: Does executing minors violate the Eighth and Fourteenth Amendments?
Decision: 5-4 in favor of Simmons.
Precedent: The death penalty is inappropriate for minors under 18.
Case/Date: Lemon v. Kurtzman
Background: Pennsylvania and Rhode Island provided state funding to religious schools.
Question: Do state funding for non-secular schools violate the Establishment Clause?
Decision: 8-1 for Lemon.
Precedent: The Lemon test was established.
The government action's primary purpose must be secular.
The government's action must not advance or inhibit religion.
The government action must not excessively entangle church and state.
Case/Date: Frederick v. Morse, 2002
Background: Joseph Frederick held up a banner promoting illegal drug use at a school event.
Question: Can schools stop students from displaying messages promoting illegal drugs?
Decision: 5-4 for the school.
Precedent: Schools can limit speech promoting illegal drugs.
Slavery, states' rights, economic differences, and political disagreements.
Reasonable Suspicion: Less than probable cause, needed for stop and frisk.
Probable Cause: Reasonable grounds for a search or arrest, part of the Fourth Amendment.
Suspicion: A feeling of being cautious.
Warrant: A written order from a judge allowing specific action.
Missouri Compromise: Allowed Missouri as a slave state and Maine as a free state.
Compromise of 1850: Intended to resolve tensions of slavery.
Bleeding Kansas: Violence due to conflicting views on slavery.
John Brown: An abolitionist who used violence.
Transcontinental Railroad: Connects the East and West Coasts.
Dred Scott: An enslaved man who sued for freedom.
North: Larger population, wealthier, more manufacturing, more railroads, strong Navy, more supplies, and Lincoln’s leadership.
South: Fought in familiar territory, skilled military leaders, and highly motivated.
The North wins, leading to the Reconstruction era.
13th Amendment: Abolished slavery.
14th Amendment: Guaranteed citizenship and equal protection.
15th Amendment: Guaranteed voting rights regardless of race.
19th Amendment: Guaranteed voting rights regardless of sex.
24th Amendment: Abolished poll taxes.
26th Amendment: Lowered the voting age to 18.
Literacy Tests: Assessments of reading and writing ability.
Affirmative Action: Addressed historical discrimination.
Affirmative action is constitutional, but racial quotas are not.
Background: Barbara Grutter was rejected from Michigan Law School despite qualifications.
Question: Does racial selection violate the Fourteenth Amendment?
Decision: 5-4 in favor of Bollinger.
Precedent: Universities can use racial preferences but cannot automatically determine acceptance.
Background: Jennifer Gratz and Patrick Hamacher were denied admission to the University of Michigan despite being qualified.
Question: Did the University of Michigan’s use of racial preferences in undergraduate admissions violate the Equal protection Clause of the 14th amendment and Title VI of the civil rights act of 1964.
Decision: 6-3 in favor of Gratz.
Precedent: Schools can tailor admissions based on diversity but cannot use a point system.
Background: Seattle school district used racial factors for high school assignments.
Question: Does Grutter and Gratz apply to public high schools?
Decision: 5-4 in favor of the Parents.
Precedent: School districts cannot use race as the main reason for admission.
Lynching: Illegal killing by a group.
Grandfather Clause: Allowed poor whites to vote if their grandfather could vote.
Ku Klux Klan: White supremacist group.
Years of Reconstruction: 1863-1877
Jim Crow Laws: Institutionalized racial segregation.
Poll Tax: A fee required before voting.
Sharecropping: Tenant farmers work land for a share of the crop.
De Facto Segregation: Socially enforced segregation.
De Jure Segregation: Legal segregation.
Title IX: Prohibits sex-based discrimination in education.
Murder of Emmett Till: Highlighted racism and galvanized the Civil Rights Movement.
Montgomery Bus Boycott: Protest against segregated buses.
Little Rock 9: African American students desegregated Little Rock Central High School.
Eisenhower and Little Rock: Federal troops enforced desegregation.
Sit-ins: Non-violent protests in segregated areas.
Freedom Riders: Protested segregation in transportation.
Wilson’s Support for Women’s Suffrage: Due to women’s contributions during World War I.
Alice Paul: Used militant protest tactics.
Carrie Chapman Catt: State-level campaigns for a federal amendment.
Cesar Chavez: Mexican-American labor leader.
Dolores Huerta: Co-founder of the United Farm Workers.
Stonewall Riots: Turning point in the gay rights movement.
Defense of Marriage Act: States not required to recognize same-sex marriage from other states.
Don’t Ask, Don’t Tell: Gay individuals could serve if their orientation was not known.
Full Faith and Credit and Same-Sex Marriage: A marriage valid in one state should be recognized in others.
Obergefell v. Hodges: Guarantees same-sex couples the right to marry.
Equal Protection Clause: States must treat individuals equally.
La Raza: Means “the people.”
Year of Women’s Suffrage: 1920
Roe v. Wade: Allows a woman to choose abortion.
Arguments for and against Women’s Suffrage: Centered on fairness, representation, and gender roles.
FDA: Food and Drug Administration.
Fair Labor Standards Act: Establishes minimum wage, work hours, and youth employment standards.
Disabilities Rights: Ensures equal opportunities for individuals with disabilities.
Which amendments deal with voting rights? 15, 19, and 26.
What year passed? 15th - 1870, 19th - 1920, and 26th - 1971.
Sterilization: Prevents a woman from giving birth.
Eugenics: Improving the human race by controlling reproduction.
Sterilization of the feeble-minded does not violate Fourteenth Amendment rights.
IDEA: Individuals with Disabilities Education Act.
IEP: Individual Educational Plan.