Complete List of Terms and Definitions for Court Cases
| Terms | Definitions |
|---|---|
| Warren Court | Strict constructionst |
| klopfer v. nc | speedy trial |
| UAW vs. Johnson | women's rights |
| Engle v. Vitale | Prayer in schools |
| Marbury v. Madison | established judicial review.(1803) |
| Probable Cause | reasonable suspicion of a crime |
| Baker v. Carr | One man, one vote |
| Plessy Vs. Ferguson | Established separate but equal |
| Betts vs. Brady | right to an attorney |
| In Re Gault | right of jouvenille court system |
| Miller v. California | Established that community standards be used in determining whether material is obscene in terms of appealing to prurient interest, being patently offensive, and lacking in value. |
| gregg v. georgia | no cruel and unusual punishment |
| Mapp v. Ohio (1961) | Established exclusionary rule; illegally obtained evidence cannot be used in court; Warren Court's judicial activism. |
| McCulloch v. Maryland (1819) | Established National supremacy; established implied powers; use of elastic clause; state unable to tax fed. Institution; John Marshall; "the power to tax involves the power to destroy." |
| Gitlow Vs. New York | 1925: Defines incorporation. This means the national bill of rights is used on the state leverl. |
| Bigelaw vs. Virgina 1975 | unconstitutional state law prohibited newspaper advertising of abortion services. |
| Gitlow v New York | Speculation and action overthrowing the gov. is a crime |
| Clinton v Jones | (1996) The court found unanimously that President Clinton could not stand trial while still in office and was not protected by the doctrine of presidential immunity to civil suits. |
| Lau v Nichols (1974) | had to offer English education |
| Exclusionary Rule | a rule that provides that otherwise admissible evidence cannot be used in a criminal trial if it was the result of illegal police conduct |
| Buckley vs Valeo | limits amount of money contributors give to campaigns |
| u.s. v lopez | federal gun free school zones unconstitutional |
| Smith v Allwright | (Private Democrat South)- The denial of African Americans the right to vote because the Democratic Party was a voluntary association (the Democratic Party was 100% sure of victory so that's the only vote that counted.) was considered unconstitutional because the Texas statutes governed the county level party leaders and the State gov was not allowed to be racist. |
| U.S v Nixon | Allowed for executive privilege, but not in criminal cases; "Even the President is not above the law;" |
| 5th Amendment | grand jury indictment is required to prosecute a person of a serious crime; no double jeopardy; can't be forced to testify against yourself; no loss of life liberty or property without due process of law |
| Buckley v. Valeo | (1976) electoral funding... is money speech? |
| US v. Nixon | President is not above the law.(1974) |
| Fair Labor Standards | Set minimum wage and weekly hours |
| Epperson v. Arkansas (1968) | Prohibited states from banning the teaching of evolution. |
| Lemon vs. Kurtzman 1971 | Court created Lemon testing for parochial state aid. 3 criteria. |
| Rhodes v Chapman | Is double celling prisoners cruel and unusual punishment under the 8th --- No, it does not. |
| Hunt v Cromartie | (2001) Basing it's decision on an earlier decision in Shaw v Reno. The Court rules that a racially gerrymandered district in North Carolina was unconstitutional |
| Lemon v Kurtzman (1971) | established lemon test- determines if something vilates the first amendment in concern with publicm money going towards religious schools |
| Alden v. Maine | May Congress use its power under Article I of the Constitution to repeal a state's sovereign immunity from private suits in its own courts? |
| Tinker v Des Moines | Public school students may wear armbands to class protesting Vietnam War when it doesn't disrupt classes |
| wisoncsin v yoder | amish children could be exempt from law requiring school attendence since it was against their religion |
| Marbury v Madison | (judicial review)- This was the first case in which the Court exercised judicial review and also establishes that any legislation "repugnant to the Constitution is void." Looking for the appointments as judges. |
| Clinton Vs. NY | Banned presidential use of line item veto |
| INS v. Chadha | 1983, the Supreme Court case that ruled legislative vetoes were unconstitutional, but Congress continues to enact laws containing them. |
| Baker v Carr | 1962 - Guaranty Clause (republic form of gov) does not prevent courts from having the right to determine whether state legislative apportionment violates citizens' 14th A. rights |
| Tinker v. Des Moines | symbolic speech is constitutional so long as it doesn't interfere with schooling.(1969) |
| Schenck v. U.S. (1919) | Oliver Wendell Holmes; clear and present danger test; shouting "fire" in a crowded theater; limits on speech esp. in wartime. |
| Coates vs. Cincinnati | Cinti said 3 people walking abreast on sidewalk = illegal assembly, Illegal |
| McCulloch v. Maryland | John Marshall ruled that a state could not tax the Bank of the US; commerce clause, necessary and proper, "the power to tax involves the power to destroy" |
| Harris v. Forklift Systems | Sexual harassment that is so pervasive as to create a hostile or abusive work environment is a form of gender discrimination, which is forbidden by the 1964 Civil Rights Act. |
| Texas v. Johnson | Struck down a law banning the burning of the American flag on the grounds that such action was symbolic speech protected by the 1st amendment. |
| Sheppard v. Maxwell (1966) | Court reversed murder conviction of a socially prominent surgeon, but told the judges what they must do to prevent prejudicial publicity from interfering with the right to a fair trial. The jurors were premitted to go home each night, but not to read, view or listen to any reports about the case. Sheppard appealed to the courts arguing that prejudicial publicity had prevented his getting a fair trial. Supreme Court reversed, upholding the district judge's order that Sheppard bve given a new trial or set free., THUS, the Court concluded that a trial conducted under such circumstances could not possibly have been fair, and Sheppard was entitled to a new trial. |
| Griswold v. Connecticut | right of privacy to talk with doctor about birth control |
| Olmstead vs US | FBI wiretapping of criminal is OK (no intrusion in house) |
| Gonzales v. Oregon | Because of right of privacy, a doctor has the right to prescribe a legal, killing, dose. |
| Ashcroft Vs. ACLU | struck down a federal ban on virtual child pornography |
| Roe v. Wade | 1973, Supreme court case in which a texas woman's right to have an abortion was upheld. |
| webster v. reproductive heath serives | more leway for states regulating abortion |
| United States v Leon | Evidence obtained in good faith may be used in a criminal trial |
| Hamdan v. Rumsfeld (2006) | *cannot deny rights to be at trial *people in Guantonamo Bay must be tried by a civil court |
| boy scouts of america v dale | First Amendment right of expressive association. BSA is allowed to dismiss gay leaders because it is a private institution |
| Webster v. Reproductive Health Services | States given more power to regulate abortion |
| hazelwood school district v. Kuhlmeier | Schools can edit content of student publications, 1988 |
| Gideon v. Wainwright | everyone has the right to a fair trial and gets A LAWYER from the court if they cannot pay for one |
| Santa Fe Industrial School vs. Doe | outlawed prayer over the p.a. at school events |
| Regents of the University of California v. Bakke (1978) | Use race for concideration, but cannot save spots |
| Garcia v. San Antonio Metro Transportation Authority | 1985 - 10th Amendment - Federalism: 10th Amendment - reserving powers to states. Does not allow agencies performing "traditional" government functions to be exempt from federal labor laws. |
| San Antonio ISD v Rodriguez | 1972 - Education is not within the limited category of rights recognized by the Supreme Court as guaranteed by the Constitution. |
| VA v Barry E. Black | Can a state ban cross burning that is intended to intimidate? --- Cross burning is not allowed if it's intent is to intimidate. (article I) |
| Boy scouts of America v. Dale | - a private organization may ban gays from its membership |
| Adarand constructors v. Pena 1995 5th and 14th | job granting cant be based on soley race |
| zenger | truth not libelous |
| griswold v connecticut | birth control |
| bulgary | stealing when ppl arent there |
| miranda v. arizona | no self incrimination |
| United States vs. Virginia | women's rights |
| Robbery | Taking personal property from another person by use of fear or force. |
| McCulloch Vs. Maryland | Established national supremecy; Established impled powers |
| Martin vs. PGA | rights of the disabled |
| Stenberg v Carhart | Partial birth abortion is legal |
| Wallace vs Jaffree | alabama moment of silence law=unconstitutional |
| Plessy v Ferguson | segregation is "separate but equal" |
| Buckley v Valeo | (campaign $)- restrictions on individual contributions towards a candidates campaign are constitutional because it enhances the "integrity of our system of representational democracy by protecting against unscrupulous practices." Limits on independent expenditures, individuals contributing to their own campaigns, and campaign expenditure on the other hand, do not present a threat of unscrupulous practice and thus does not warrant enough of a threat to breach a person's 1st Amendment rights. A.k.a. - it's my money, I can spend it on myself/my campaign. |
| Slaughter House Cases | Priviledges and immunites (states can't discriminate against citizen of other state)Set stage for segregation because if the state discriminates against it's citizens it can discriminate against other citizens |
| Engel vs. Vitale | 1962: outlawed school prayer. No reading prayer over the school intercom during school and class time. |
| DeJonge vs. Oregon 1937 | freedom of assembly and petition. |
| Loving v VA | Are laws against interracial marriage a violation of the 14th ----Yes, laws against interrracial marriages violate the 14th |
| Lau v. Nichols | States must help second language learners learn english (ELD) in public schools |
| Marbury v Madison (1803) | created concept of judicial review |
| Lemon vs Kurtzman | allowed states to provide textbooks for private religious schools |
| barron v baltimore | just compensation applies to federal government |
| McConnell v FEC (2003) | Campaign Contributions- Money is property, not speech |
| Gideon vs Wainwright | the 1963 supreme court decision holding that anyone accused of a felony where imprisonment may be imposed, however poor he or she might be, has the right to a lawyer. |
| Korematsu vs. U.S(1944) | confining people movement and taking away their rights. |
| Miranda vs. Arizona | "miranda rights" rights of the accused |
| U. S. v. Richard Nixon | 1974--The court rejected Richard Nixon's claim to an absolutely unqualified privilege against any judicial process. |
| Texas v Johnson | Is flag burning protected speech under the 1st? --- This is symbolic speech and is protected. |
| Engel vs Vitale 1962 | which outlawed prayer in public schools. |
| Mapp v Ohio (1961) | established exclusionary rule on the state level |
| Engel v. Vitale 1962 |
o Struck down state-sponsored prayer in public schools o Ruled that the Regents' prayer was an unconstitutional violation of the Establishment Clause |
| Roe vs Wade | Decided on the issue of abortion; Court held that a woman may abort her pregnancy for any reason, up until the "point at which the fetus becomes 'viable. |
| California vs Acevedo | Glove compartment could be searched if suspicious (within reach of suspect) |
| gitlow v NY | freedom of speech protected by 14th amendment |
| NJ School Bus Case | Government help for safety of children |
| Miranda V AZ | "Miranda Rights" must be given to someone being arrested |
| Oregon v. Smith | free exercise; peyote was ingested by two men who said it was for ceremonial purposes in the religion-they were fired; restricted drug use in religious ceremonials |
| Van Orden v. Perry | TEN COMMANDMENTS ALLOWED on the grounds of the state capitol building, because the purpose was to serve as a MONUMENT |
| Gideon v. Wainwright(1963) | those who commit crimes and cannot afford a lawyer mus be provided with one from the state. |
| Griswald v. Connecticut (1965) | Established right of privacy through 4th and 9th amendments. Set a precedent for Roe v. Wade. |
| Wilkinson vs. Jones | Indecent material may be shown at any time during day |
| Kolpfer vs N Carolina 1967 | Speedy trial under the 6th amendment |
| Gonzales v. Carhart (2007) | Upheld Partial Birth Abortion Ban Act of 2003. |
| Sternberg v Carhart | (2000) In a 5-4 decision, the court struck down a law restricting "partial birth" abortions in Nebraska, stating that the law was an undue burden on women in need of the procedure |
| Baker v Carr (1962) | each individual had to be weighted equally in legislative apportionment |
| Brown v. Board of Education (1954) | decision holding that school segregation was inherently unconstitutional because it violated the Fourteenth Amendment's guarantee of equal protection. This case marked the end of legal segregation in the United States. |
| United States v. Lopez | Does the 1990 Gun-Free School Zones Act (forbade individuals from knowingly carrying a gun in a school zone) exceed the power of the Congress to legislate under the Commerce Clause. |
| Adarand Constructors v. Pena | A state or federal government cannot give a company or worker preferential treatment |
| Gratz v. Bollinger | Struck down use of "bonus points" for race in undergrad admissions at University of Michigan. |
| powell v. ALabama | The Supreme Court ruled here that the right to counsel was required by law in death penalty trials. |
| Gratz v. Bollinger/Grutter v. Bollinger | (2003) University of Michigan uses racial preferences in undergraduate admissions |
| Brown v. Board of Education(1954) | "seperate but equal" is NOT constitutional, public schools must be intergrated. |
| Stone vs. Grahm | Ky said it was manditory to have 10 commandments in every classroom, Illegal |
| Bakke v University of California | White man - no quota- supports affirmative action |
| Miller v. California (1975) | *Created Miller test to decide what is obscene. *Gov't can regulate how adult/obscene material is distributed |
| Gideon v. Wainwright (1963) | Extends to the defendant the right of counsel in all state and federal criminal trials regardless of their ability to pay. |
| Everson v. Board of Education | 1947 - 1st Amendment - Establishment Clause (wall of separation between church & state): New Jersey Bus Case - Using public funds to bus students to parochial schools not supporting religion, is not in violation of Establishment Clause. The "wall of separation between church and state" also must be high and impregnable. |
| Romer v Evans (1996) | Laws- Struck down a Colorado law that would prevent any governing body in Colorado from taking any action regarding making homosexual citizens a protected class. The court ruled the law invalid because it was not rationally related to a state interest |
| Zurcher v. Stanford Daily | 1978, a proper search warrant could be applied to a newspaper (and other things) without violating the rights to freedom of the press |
| Greater New Orleans Broadcasting Association vs US 1999 | it struck down a federal law that prohibited casino advertising on radio or television. |
| Hazelwood v. Kuhlmeier 1988 (1st press) | school newspaper. has the right to publish what they see fit (blazer is a open form...no prior censorship) Set by community standards to see fit. |
| dartmouth college v woodward | no taking over of a private school by state |
| McCreary County, KY v. American Civil Liberties Union of Kentucky | TEN COMMANDMENTS BANNED from being displayed in COURTHOUSES, because they were supposed to further religious belief, which violated the establishment clause of the 1st Amendment (LEMON TEST) |
| Lawrence v. Texas (2003) | What you do in the privacy of you home is okay as long as the people in your home are okay with it too. |
| Heart of Atlanta Motel v US | 1964 - Congress has the right the prohibit racial discrimination in places of public accommodation through the Commerce Clause because the interstate movement of people is "commerce." (Use of commerce clause to fight discrimination). |
| Heart of Atlanta Motel v United States | held that they could use the commerce clause to enforce desegregation |
| Religion | "no excessive entanglement" |
| mapp v ohio | exclusionary rule |
| Engle v Vital | Cannot mandate prayer |
| Wallace vs. Jaffree | neutrality toward religion |
| no state national bank | McCulloch v. Maryland |
| Engel v Vitale | Eliminated mandatory school prayer--"establishment clause" |
| Marbury v Madison 1803 | established judicial review |
| Near vs. Minnesota | Newspapers spread negative things about politicians, Allowed - supported facts |
| Fargher v City of Boca Raton | Sexual harassment |
| Bail | the legal system that allows an accused person to be temporarily released from custody (usually on condition that a sum of money guarantees their appearance at trial) |
| Shelley v Kraemer | (restrictive covenant) - Racially restrictive covenants by themselves are constitutional but the state's enforcement of these covenants violates the 14th Amendment. |
| Reamz vs. Roe | California violated privileges and immunities by not offering welfare to new citizens |
| Marsh vs. Chambers | State Nebraska's Senate started every meeting with prayer. Legal because adults cant be indoctrinated and know how to make choices for themselves |
| Reed v. Reed | Gender based discrimination is a violation of the equal protection clause. |
| Schenck v U.S. | Does the 1st protect statements against the war effort during war (passing out anti-war fliers during war) ? --- Not proctected speech.Case established clear and present danger of whether gov't can limit speech. |
| United States v. Nixon | executive privilege doesn't protect the president from criminal investigation-the Constitution applies to the President. |
| Rostker v. Goldberg | Congress can draft men without drafting women. does not violate 5th amendment |
| Mapp v. Ohio | (1961) Warrants are needed for evidence to be used (exclusionary rule) |
| Brown v. Topeka | Overturns the separate but equal clause |
| Brown v. Board of Education | Separate is not equal |
| McCulloch v Maryland (1819) | Implied Powers of Congress- constitution grants congress implied powers for implementing the Constitution's express powers and the state may not go against valid actions of the federal government |
| Buckley v. Valeo (1976) | 1st Amendment protects campaign spending; legislatures can limit contributions, but not how much one spends of his own money on campaigns. |
| Miranda v Arizona | court describes ruling that police must give to arrested persons |
| Miller v Johnson | 1995 - States cannot draw congressional districts in which race is the primary consideration. |
| McGowan v. Maryland | Maryland had "blue laws" that prohibited most things from being sold on Sundays. Court ruled that it was legal because its purpose was based on secular interests- promoting the health, safety, and well-being of citizens. |
| wesberry(grey) v. sanders | ordered house of reps legislative districts to be as near in population as possible |
| Schenck v. United States | 1919--Case involving limits on free speech. Established the "clear and present danger" principle. |
| Shaw v. Reno | Redistricting based on race must be held to a standard of strict scrutiny under the equal protection clause while bodies doing redistricting must be conscious of race to the extent that they must ensure compliance with the Voting Rights Act. |
| Edwards v. Aguillard (1986) | Can't be forced to teach creation |
| Lemon v. Kurtzman | Created a 3-part "Test." Laws which aid religion must 1) have a "secular purpose", 2) neither advance nor inhibit religion, 3) avoid "excessive government entanglement with religion." |
| Yoder vs Wisconsin | Court found that Amish children could not be placed under compulsory education past 8th grade, as it violated their parents' fundamental right to freedom of religion. |
| Zorbrest vs Catalina School District | Parochial schools can bring speech/hearing problem students to public school teachers to help |
| Reed v Reed (1971) | no gender discrimination in the settling of estates |
| Morse v Frederick (2007) | Student's Rights- the first amendment was not violated when a school suspended a student for displaying a banner that read 'BONG HiTS 4 JESUS' because schools had the right to safeguard students from speech that encourages illegal drug use |
| Gideon v Wainwright | If a defendant cannot afford an attorney the state must provide one. |
| Stenberg v. Carhart | states man not ban partial birth abortions if the fail to allow an exception to protect the health of the mother |
| Plessy v. Ferguson | separate but equal; did not violate the 'equal protection clause' on Constitution |
| Tinker v. Des Moines(1988) | students are gauranteed freedom of speech symbolic. |
| Roe vs. Wade | Abortion legal under right to privacy (9th amendment) |
| NAACP v. Alabama (1958) | The Supreme Court protected the right to assemble peaceably in this case when it decided the NAACP did not have to reveal its membership list and thus subject its members to harassment. |
| Gregory v Chicago 1969 | Court ruled marchers have right to peacefully march due to assembly and petition. |
| U.S. v. Lopez (1995) | Gun Free School Zones Act exceeded Congress' authority to regulate interstate commerce; "safe school" act |
| Roe v. Wade 1973 | in which the Court legalized abortion so long as the fetus is not viable (able to survive outside the womb). |
| Escobedo v Illinois (1964) | questioning must be stopped if the suspect asks for a lawyer |
| Abington School District v. Schempp (1963) | Court outlawed officially sponsored daily readings of the Bible and reciation of the Lord's Prayer in public schools |
| Planned Parenthood v. Casey | States can regulate abortion, but not with regulations that have an undue burden |
| ex parte milligan | right to suspend habeas corpus in time of war, accused had right to a trial by jury for citizens |
| Schenk v. U.S. | Occurred when a man was arrested for handing out documents urging others to avoid military service |
| Zelman v. Simmons-Harris | Public money can be used to send disadvantaged children to religious schools in tuition voucher programs |
| Chaplinksy v New Hampshire | 'fighting words' are not protected by the constitution |
| Bradenburg V. Ohio | (1969) KKK leader made a speech and was then convicted because it advocated crime, sabotage, and violence |
| Goss v. Lopez | Students must have some form of due process before they can be suspended. |
| pierce vs. Society of Sisters | 1925: Rights for public schools to exist |
| Brown v. Board 2nd (1955) | ordered schools to desegregate with al "due and deliberate speed" |
| Heart of Atlanta Hotel v. US (1964) | Gov't can regulate public accomodations b/c it relates to interstate commerce |
| Gitlow v. New York (1925) | Anarchist calling for overthrow of the government. Established precedent of federalizing Bill of Rights (applying them to States); States cannot deny freedom of speech - protected through due process clause of Amendment 14 |
| NY Times v Sullivan | To libel a public figure, there must be "actual malice" |
| Lemon v. Kurtzman 1971 | Established a 3 part test to determine establishment clause. |
| Printz v. United States |
In 1997 Congress put a law in place saying that state law enforcement officials have to do background checks on their employees Supreme court ruled in states' favor and said that was far over-reaching congress's power |
| Dred Scott v Sanford | States do not have the right to claim an individuals property - Overturned Missouri Compromise |
| Buckley v. Valeo 1976 (1st S) | certain amount of money to campagien. Been over turned by citizen United v. FEC 2010. |
| Dennis v. United States (1961) | The Supreme Court decision that it is unlawful to knowingly conspire to teach and advocate the destruction or overthrow of the United States government. |
| Miami Herald Publishing Company v. Tornillo | state could not force newspaper to print replies from candidates it had criticized- LIMITED POWER OF GOV TO RESTRICT PRINT MEDIA |
| Brown v Board of Education of Topeka (1954) | racial segregation violates the 14th amendment |
| Lamb's Chapel v. Center Moriches | a decision by the Supreme Court of the United States concerning whether Free Speech Clause of the First Amendment was offended by a school district that refused to allow a church access to school premises to show films dealing with family and child-rearing issues faced by parents. |
| Bethel School District No. 403 v. Fraser (1986) | A case about free speech at public schools. It placed a limit on the scope of expression and prohibited certain styles of expression that are sexually vulgar. |