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LANDMARKCASES
LANDMARKCASES
28
Law
Undergraduate 2
10/09/2011

Additional Law Flashcards

 


 

Cards

Term

 

1803 Marbury v. Madison

Definition

 

·       judicial review- the right to review acts of congress and the president. If the Court found that a law was unconstitutional, it could overrule the law.

 

Term

 

1803 Marbury v. Madison

Definition

 

Marshall said the Constitution is the “supreme law of the land and that the Supreme Court has the final say over the meaning of the Constitution “ 

ü  The Supreme Court became an equal partner in the government

 

Term

 

1857 Dred Scott v. Sanford

Definition

 

Missouri native then taken to Illinois, a Free State.

 

Term

 

1857 Dred Scott v. Sanford

Definition

 

Dred Scott was a slave under Articles III and IV of the constitution

 

However the case led to the Supreme Court declaring that Missouri Compromise unconstitutional, which they hoped would abolish slavery.

 

Term
1896 Plessey v. Ferguson
Definition

 

 a Louisiana businessman.

an “octaroon”—one-eighth African American

Forced to get up from traincar

 

Term
1896 Plessey v. Ferguson
Definition

Segregation was legal and constitutional as long as “facilities were equal.”

“separate but equal”

Term
1919 Schenck v. United States
Definition

general secretary of the Socialist Party of America. The socialists were anti-war.

 

Term
1919 Schenck v. United States
Definition

 

guilty because Supreme Court declared the Espionage Act a reasonable and acceptable limitation on speech in time of war

 

Term
1919 Schenck v. United States
Definition
1st case that explained and set limits on the 1st amendment, Freedom of speech
Term

 

1954 Brown v. Board of Education of Topeka (Kansas)

 

Definition

Linda Brown, an eight-year-old African-American girl, had been denied permission to attend an elementary school only five blocks from her. nonwhite students but it was 21 blocks away. Linda Brown's parents with the help of the NAACPThe Supreme Court said that it was not fair to have black and white students separated in different schools.

 

desegregation of schools

 

Term

 

1966 Miranda v. Arizona

 

Definition

Ernesto Miranda was charged for kidnapping and rape. After the two-hours of interrogation, Miranda confessed to committing the crimes.

Creation of Miranda warning; all right must be read to the accused

Term

1978 Roe v. Wade

 

Definition

Jane Roe claimed she was rapped so she wanted an abortion. Invasion of right to privacy under the due process clause in the Fourteenth Amendment to the United States Constitution extends to a woman's choice to have an abortion, 

Abortion is made legal in first trimester

Term

1986 Meritor Saving Bank v. Vinson

 

Definition

A sexual harassment case involving Mechelle Vinson and her supervisor Sidney Taylor .

bank fired her for  “excessive use of that leave."

Taylor violated the 1964 Civil Rights Act, which bans discrimination against women and other groups.

Term

1986 Meritor Saving Bank v. Vinson

 

Definition

The first case to interpret and explain sexual harassment in the workplace

Hostile enviorment

 

Term

1989 Texas v. Johnson

 

Definition

 

Johnson burned an American flag in front Dallas City Hall to protest against the new Reagan administration policies.

Burning of a flag was protected expression under the First Amendment

 

Term

McCullough V. Maryland

 

Definition

Federal banking system/ made under alexander Hamilton with the necessary and proper clause

Changed relationship between state and national government

Federal law is made supreme

 

Term
Gibbons v. Ogden
Definition

State license was given to Aaron to be on new york waters
Government license by the Gibbons to be on new york waters

 

Term
Gibbons v. Ogden
Definition

 

since Gibbons was given that license by the national government state court could not prohibit him from using the waters.

Commerce clause: congress is given power to regulate trade among states with other countries

 

Term

Gitlow v. New York

 

Definition

the 14th amendment protected the freedom of speech guaranteed by the first amendment of the constitution

Incorporation theory: the liberties talked about in the 14 amendment are the bill of rights.

 

Term

Mapp v Ohio

 

Definition

Exclusionary rule: prohibited the use of illegally sized evidence in court

 

Term

Mapp v Ohio

 

Definition

Cops found pornographic images without a search warrant and her refusal to let them in her apartment, Dollree Mapp.

 

Term
Benton v Maryland
Definition

A burger is found guilty in the first trial, jury is found incompetent so ruling was thrown out, he was trailed again for the same

Double jeopardy is unconstitutional;

Term

Lemon v. Kurtzman

 

Definition

State could not directly aid religious instruction
the establishment clause, wall of separation

 

Term

Lemon v. Kurtzman

 

Definition

 

Kurtzman test (now part of est. clause)
1. the aid had to be secular (non religious)
2. not have primary effect on advancing or inhibiting religion

3. Government must not avoid “an excess government entanglement with religion”

Term
Engel v. Vital
Definition

outlawed officially sponsored daily readings of the Bible and recitation of the Lord’s Prayer in public school

 

Term
Wallace v. Jaffree
Definition
moment of silence in schools as long as they make it clear that the purpose is secular
Term

Everson v Board of Education

 

Definition

Separation of church and state- the establishment clause, wall of separation

 

Term

Rosenberger v. University of Virginia

 

Definition
Ronald W. Rosenberger, a University of Virginia student, asked the University money help subsidize the publishing costs of Wide Awake
Establishment clause/3-part lemon test
State programs helping church-related schools are unconstitutional
Denied state reimbursement to religious school for field trips and for developing achievement test. Allowed states religious schools to used tax funds for lunches, textbook. And special educational services for the disadvantaged in religious schools
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