Exam+Question+Bank+LAST+EXAM[1] - Exam Question Bank –...

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Unformatted text preview: Exam Question Bank – Last Exam These questions represent some of the general topics that you will need to understand in order to do well on the last exam. They are not exhaustive . 1- What is the primary legal questions and answers in the following cases and what do they reveal about law and politics? Boumediene v. Bush a- the opinion for the 5-4 majority holding that the prisoners had a right to the habeas corpus under the United States Constitution and that the MCA was an unconstitutional suspension of that right Roe v. Wade a- the Texas statute prohibiting abortion was overturned and the Court declared that the right to an abortion was protected under the Constitution’s Fourteenth Amendment of Due Process and right to privacy Griswold v. Connecticut a- decision in favor of Griswold, and stated that the notion of privacy was embedded in the Constitution and that it is implicit rather than explicit. Texas v. Johnson a- Whether Defendant’s burning of the flag constituted expressive conduct, permitting him to invoke the First Amendment of the United States Constitution (Constitution)? Whether the state’s interest in preserving the flag as a symbol of nationhood justifies Defendant’s conviction? b- Decision: Texas law is unconstitutional. Johnson has the right to burn the flag under the First amendment. U.S. v. Echman Eichman and others were prosecuted under the federal Flag Protection Act for setting fire to American flags. Eichman and the others stated that the Act violated the First Amendment, and courts in Washington State and in the District of Columbia agreed. The United States Government then appealed to the Supreme Court. Decision was that it is Constitutional to burn a flag Minersville v. Gobitis a- The Court ruled that public schools could compel students—in this case, Jehovah's Witnesses —to salute the American Flag and recite the Pledge of Allegiance despite the students' religious objections to these practices. This decision led to increased persecution of Witnesses in the United States West Virginia v. Barnette a- the Free Speech Clause of the First Amendment to the United States Constitution protected students from being forced to salute the American flag and say the Pledge of Allegiance in school. Bond v. U.S. a- Was the United States Border Patrol Agent's manipulation of the carry-on luggage a violation of the Fourth Amendment? b- Decision- yes, was a violation Snyder v. Phelps The questions presented are as follows: [17] [21] a- Whether the prohibition of awarding damages to public figures to compensate for the intentional infliction of emotional distress, under the Supreme Court’s First Amendment precedents, applies to a case involving two private persons regarding a private matter; b- Whether the freedom of speech guaranteed by the First Amendment trumps its freedom of religion and peaceful assembly; and c- Whether an individual attending a family member’s funeral constitutes a " captive audience " who is entitled to state protection from unwanted communication." who is entitled to state protection from unwanted communication....
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This note was uploaded on 02/06/2012 for the course POLISCI 106 taught by Professor Levine during the Fall '07 term at Rutgers.

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Exam+Question+Bank+LAST+EXAM[1] - Exam Question Bank –...

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