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GOV QUIZ TM
Terms in this set (52)
amicus curiae briefs
friend of the court briefs by non-litigants who wish to influence the Court's decision by raising additional points of view and information not contained by briefs prepared by litigants' attorneys.
given to a court where cases are heard on appeal from a lower court
class action suits
cases which permit a small number of people to sue on behalf of all other people similarly affected.
courts of appeal
courts which have the power to review all final decisions of district courts, except in instances requiring direct review by the Supreme Court.
the entry point for most federal litigation
theory that judges should make bolder policy decisions to alleviate pressing needs, especially for those who are weak politically.
How and whether court decisions are translated into actual policy
theory that judges should play minimal role in policymaking and leave policy decisions to the legislature.
the power of the courts to hold acts of congress and by implication the executive, in violation of the constitution
cases that can be settled by legal methods.
marbury v madison
the 1803 Supreme Court case that originated the notion of judicial review.
A statement of legal reasoning behind a judicial decision.
the theory that judges should determine the intent of the framers and decide in line with their intent.
given to a court where a case is first heard
conflicts between the president and Congress.
the way similar cases have been handled in the past is used as a guide to current decisions.
a tradition in which nominations for federal judicial positions are not confirmed when opposed by a senator of the president's party from the state in which the nominee is to serve or from the state of the nominee's residence.
a presidential appointee who is in charge of the appellate court litigation of the federal government.
standing to sue
litigants must have serious interest (sustained direct and substantial injury) from a party in a case.
an earlier decision should hold for the case being considered.
a procedure in which the legislature passes legislation that clarifies existing laws so that the clarification has the effect of overturning the court's decision.
resolves disputes between and among states, maintains the national supremacy of law, ensures uniformity in the interpretation of national laws.
unites states v nixon
1974 supreme court decision that required president nixon to turn white house tapes over to the courts
Brandenburg v Ohio (1969)
KKK leader gives speech and is convicted, Verdict: speech that does not call for illegal action is protected, and even speech that does call for illegal action is protected if there is reason to believe that the listeners will not take action
Schenk v US (1919)
Schenk stated that draft violated 13th amendment, spoke against US gov in time of war, Verdict: Congress has the right to prohibit speech that causes a "clear and present danger"
Roe v Wade (1973)
Abortion rights fall within the privacy implied in the 14th amendment, legalized
Washington v Glucksberg (1997)
The Court held that the right to physician-assisted suicide did not exist in the Constitution and that state prohibitions were constitutional.
McCulloch v. Maryland (1819)
the Supreme Court upheld the power of the national government and denied the right of a state to tax the federal bank using the Constitution's supremacy clause. The Court's broad interpretation of the necessary and proper clause paved the way for later rulings upholding expansive federal powers
United States v Comstock (2010)
Convicted sex offenders moved to dismiss petitions requesting their indefinite civil commitment under the Adam Walsh Child Protection and Safety Act. A North Carolina federal district court dismissed the petitions.
Verdict: The Supreme Court held that the Necessary and Proper Clause grants Congress authority sufficient to enact the Adam Walsh Protection and Safety Act.
New York times Co v United States
If the government wishes to censor information before it is printed or published, it must be proven in court that the information will endanger national security.
Nebraska Press Association v. Stuart (1976)
any attempt by the government to prevent expression carried a heavy presumption against its constitutionality
Engel v. Vitale (1962)
Prohibited state-sponsored recitation of prayer in public schools by virtue of 1st Amendment's establishment clause and the 14th Amendment's due process clause; Warren Court's judicial activism.
Santa Fe Independent School District v. Doe (2000)
students may not lead prayers before the start of a football game at a public school
Gideon v Wainwright
A person who cannot afford an attorney may have one appointed by the government
Luis v United States
A federal grand jury indicted Sila Luis for her alleged role in a Medicare fraud scheme, Because federal law allows the government to file a pretrial motion to restrain the assets of defendants accused of particular types of fraud, Luis objected to the motion and argued that she needed those funds in order to pay for her criminal defense lawyer, and therefore granting the motion would violate her right to counsel under the Sixth Amendment. The district court granted the motion, held that the Sixth Amendment to the United States Constitution prohibits the pre-trial restraint of assets
Wisconsin v Yoder
Amish Students were prosecuted under a Wisconsin law that required all children to attend public schools until age 16. The three parents refused to send their children to such schools after the eighth grade, arguing that high school attendance was contrary to their religious beliefs. Verdict: The Court held that individual's interests in the free exercise of religion under the First Amendment outweighed the State's interests in compelling school attendance beyond the eighth grade.
Church of Lukumi Babalu Aye v. City of Hialeah
The Court ruled that laws banning animal sacrifice were unconstitutional because they targeted the Santeria religion.
Marbury v Madison
This case establishes the Supreme Court's power of Judicial Review
US v Nixon
The Supreme Court does have the final voice in determining constitutional questions; no person, not even the President of the United States, is completely above law; and the president cannot use executive privilege as an excuse to withhold evidence that is 'demonstrably relevant in a criminal trial
Baker v Carr
case that est. one man one vote. this decision created guidelines for drawing up congresional districts and guaranteed a more equitable system of representation to the citizens of each state
Evenwel v Abbott
Redistricting in Texas goes against voting rights act. The Court held that constitutional history, judicial precedent, and consistent state practice all demonstrate that apportioning legislative districts based on total population is permissible under the Equal Protection Clause
Brown v Board of Education
1954 - The Supreme Court overruled Plessy v. Ferguson, declared that racially segregated facilities are inherently unequal and ordered all public schools desegregated.
California v Bakke
Bakke Contended that he was excluded from admission to U of C Davis because of his race, Case which challenged affirmative action laws and mandated that quotas can not be used.
US v Lopez
The Court held that Congress had exceeded its commerce clause power by prohibiting guns in a school zone.
Gonzales v Raich
The regulation (ban on homegrown medical marajuana) is squarely within Congress' commerce power because production of the commodity meant for home consumption, be it wheat (Wickard) or marijuana, has a substantial effect on supply and demand in the national market for that commodity.
McDonald v Chicago
The right of an individual to "keep and bear arms" protected by the 2nd Amendment is incorporated by the due process clause of the 14th Amendment and applies to the states.
Friedman v. City of Highland Park
Passed laws banning guns and other magazines, owners given 60 days to move them outside city limits, US court declared that the man who went to court to protect his rights was denied
Tinker v Des Moines
Black armband to support a truce in the Vietnam war, The case that ruled that students do not lose Constitutional rights when they entered the building but they can be limited if they cause a disruption
Halewood School District v. Kuhlmeier
Students in Journalism class wrote school paper, wrote articles on divorce and teen pregnancy, fought that their first amendment rights were violated, US supreme court held that principals actions did not violate students free speech rights
Citizens United v. Federal Election Commission
A 2010 landmark Supreme Court case that ruled that individuals, corporations, and unions could donate unlimited amounts of money to groups that make independent political expenditures.
McCutcheon v. FEC (2014)
Removed the aggregate (combined) contribution limit. Each individual contribution is limited; however, the contributor can make as many of contributions as their bank account allows.
Shaw v Reno
The U.S. Attorney General rejected a North Carolina congressional reapportionment plan because the plan created only one black-majority district. North Carolina submitted a second plan creating two black-majority districts. Residents challenged the constitutionality of this unusually shaped district, alleging that its only purpose was to secure the election of additional black representatives. In its 1993 decision, the Supreme Court agreed, ruling that race cannot be the predominant factor in creating districts.
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