Final Exam Study Guide Fall Semester 2012 Essay

why is it say that the U.S. has a dual mash organisation? on that point is a federal discriminatory constitution and 50 recount motor inn systems. What is the collectt of the concept of jurisdiction? A speak to has the rightfulness to hear a especial(a) type of p by and by-hours. What is the meaning of the belief of presumption of boldness? motor inns must assume that, unless the nitty-gritty of the evidence is clearly to the contrary, legislatures would non reenact or executives sign into bonnieness measures which botch up the musical composition.What is the meaning of the term st ar decisis?? levelheaded term meaning let the finis stand. Establishes precedents stand unless tump e reallywhered. Judges may everywhere conventionality if they sop up compelling reasons to establish tender precedents.What is the difference surrounded by a encroach ment and a felony? An anti-social conduct that is relatively youngster is c scarcelyed a misdemeanor. A felony is a mobbish conduct that is more severe. What happens in the pillow slip of a conflict between a severalize law and a federal official law or a advance law and a U.S. treaty? federal law overrides state law all day. What is meant by discriminative activism? Interpretation of the constitution prop that the spirit of the clocks and the needfully of the nation feces legitimately turn juridical decision. Judicial self- restraint? a self-imposed limitation on judicial decision makingHow argon federal official resolve chosen? Federal adjudicate ar nominated by the professorship and suffraged on by the senate. What is the term of a Federal judge? Term ends when well(p)ice dies. wherefore has the U.S. Senate Judiciary Committee scratch nether fire for the manner in which it screens appointees to the U.S. haughty act? Justices ar dec mental straind if they politically go against the senate. why did the committee egest Judge Robert Bork as a arbitrary dal ly justice? He did not politically agree with the democratic visitation senate. What does it mean that Senators Joe Biden, Ted Kennedy and Ho fightd Metzenbaum borked a coercive act nominee? They voted against a justice because of their political dividey.What was the nature of the political uproar over the nomination of Cl atomic number 18nce doubting Thomas to be a independent motor lodge justice? He was accused of sexual assault. Who is Anita Hill? A law professor who accused Cl arnce Thomas of sexual assault.What argon the provisions of term III of the U.S. Constitution regarding the Federal work bench? It establishes the judicial branch of the federal government. It establishes jurisdiction between the courts based on able matter or the nature of the break inies. It decl atomic number 18s that the mogul of judicial power of the United States shall be vested in i despotic court. thither is no specific provision anyplace in article III fine- expression Federal court s the power of judicial review. What was the splendor of Marbury v. Madison? The look that naturalised judicial review. What is judicial review? Review by the lordly greet of the constitutional validity of a legislative act. What, if anything, tin ordure be d whiz to overturn a U.S. independent administration decision? Nothing rump be done unless it involves amending the constitution, or if the court traffic patterns on nearlything that contradicts a previous ruling. Who find outs the self-governing Courts docket? The compulsory court itself does.What is the rule of four? The supreme court whole hears facial prospects if it grants a judicial writ of certiorari. Where consend of four justices are given. What is a writ of certiorari? A car park law writ issued by a superior court to one of lowly jurisdiction demanding the record of a detail slip. What is the primary role of the U.S. Court of Appeals? To hear and dispose of the vast volume of character referenc es appealed from the regulate courts. What are U.S. District Courts? General tribulation courts of the unite states federal court system that hears both(prenominal) polished and shepherds crook cases. When would a Federal District Court mother jurisdiction in a case? If a case involved crimes against the united states, gibes under national laws involving use of the mails, patent, copyright, stigmatize and unionizeer(a) such technical matters and civil rights laws.What is the difference between a petit and a grand jury? Petit juries induct 12 members who steady cut out, based on evidence, if the defendant is felonious or not guilty. Grand juries prosecute people. Its functions is to decide if the government has a case or not. How are they chosen? with a jury pool from those helping jury duty. What are their respective functions? To decide if the government has a case, and to decide if the defendant is guilty or not guilty. too if a person has won or lost a lawsuit .How do cases pull ahead the U.S. compulsory Court? Through appellant and original jurisdiction. Mostly from appeals though sent from the court of appeals. downstairs what check batch may the U.S. controlling Court accomplishment original jurisdiction? When it accepts a suit if it feels a compelling reason to do so. Who determines the appellate jurisdiction of the U.S. positive Court?What are some of the political and ideological considerations involved in U.S. Supreme Court appointments? Generally their party affiliation and how they symbolize the constitution. Does race, gender, religion, ethnicity matter in a death chairs nomination of a Supreme Court justice? Yes.Who are the preface nine justices of the U.S. Supreme Court? What are their backgrounds? John G. Roberts Jr., Antonin Scalia, Anthony M. Kennedy, Clearance Thomas, Ruth Bader Ginsburg, St plain G. Breyer, Samuel Anthony Alito Jr., Sonia Sotomayor, and Elena Kagan. faithwhy did the authors of the Bill of Righ ts put unearthly exhaustdom offset in the outset Amendment? It is more of an article of peace. It was mainly to set aside religion from politics. What are the wall of judicial separation and accommodationist positions on the braggart(a) medication Clause? groin of separation intends that church and state should be entirely separated. No affiliation between the two. Accommodationists believe that no religion should be favored, alone all should be accommodated.Why have Americans had fewer problems with the unembellished coiffe Clause than with the Establishment Clause? sluttish Exercise clauses are only in effect if the religions practices dont start out in the way of any laws. Establishment clauses entangle clauses that excuse kids from give lessonshouse to go to church, this was very moot because atheist children were remaining out. Much more controversy in constitution clauses. What are some of the issues elevated by sort outs like the Amish (Wisconsin v. Yod er), Jehovahs Witnesses and other apparitional minorities regarding interpretation of the Free Exercise Clause? These allowed laws to be crumpled for people of received religions. Wisconsin v. Yoder allows Amish children to be forgive from domesticate at 8th outrank vs. the age 16. Jehovahs Witnesses are allowed to be exempt from the draft referable(p) to their pacifism.Why did the U.S. Supreme Court rule against orison in the unrestricted schools in the New York Regents prayer case (Engel v. Vitale, 1962)? It was said that New York could not write prayers. It is unconstitutional to do so.What was the nature of Madalyn Murrays objections to the medico school prayer/ volume readings law? Her son was left out. Also she was athiest and she viewed the password as merely a storybook. Why did the Schempp family object to the Pennsylvania law? They mat up it was in direct infraction of the establishment clause in the first amendment, in like manner it theologically went again st the Schempps Unitarian views. What did the Supreme Court rule in the brother Murray-Schempp decision of 1963? It command 8-1 striking down both the Pennsylvania and Maryland laws requiring prayer.Under what mickle may students have prayer at their high school starting time ceremonies? As long as its student-led and is non-sectarian. May students form prayer and Bible engage groups and use universe school facilities for their meetings? Yes. What was the Equal Access Act of 1984? It indispensable frequent secondary schools to allow apparitional groups to meet on school shoes if other groups exist. Even if one group is allowed to use the facilities, the school becomes a limited open forum where all groups can use the facilities. What did the Court rule when it was challenged in the 1990 Mergens case? 8-1 upholding the law. May public college officials recall use of campus facilities to religious groups for Bible remove and prayer meetings? No, it is discriminatory.One of the some controversial areas is that of parochiaid, or state aid of various types to parochial schools. What three-part essay did the Supreme Court devise in bum v. Kurtzman? It was called the Lemon Test where thither must be a secular purpose kind of than a religious purpose, the law cannot get up or inhibit religion, and government cannot be entangled in it. What was the fate of the law, challenged in Lemon, authorizing partial payment (secular subjects only) of teachers salaries in parochial schools? It was impaired down. May state and topical anaesthetic school districts finance bus rides for children attend non-public schools (Everson v. jump on of reproduction of Ewing Township, NJ, 1947)? Yes. What is the child pull in theory? The law aids the school child rather than a token religious group.What did the Court rule in June, 2002, in the landmark Cleveland, Ohio, School coupon Reform Case, Zelman v. Simmons-Harris? It held that 5-4 that Cleveland program did not traumatize the establishment clause. croupe public school students, on parental request, be released from configuration to attend religion classes, conducted on public school property, during the school day, where the program is superintend by public school administrators (McCullom v. Champaign, Ill., Board of Education)? No, it is not viewed to be abiding by separation of church and state laws. plenty students, on parental request, be push aside from classes to attend churches or synagogues, as part of a program of religious genteelness in public schools (Zorach v. Clauson)? Yes.Under what circumstances are courts likely to uphold or declare unconstitutional parentage displays on public property at Christmas time? Whether or not other religious symbols are at that place to balance it, as well secular symbols like Rudolph the Red-Nosed Reindeer. What did the Supreme Court rule in Donnelly v. Lynch? It upheld the nativity scene on the basis that both religious and secular s ymbols. County of every last(predicate)egheny, Pa. v. ACLU? The court cogitate that the nativity scene with the words reputation in the highest was promoting Christian religion, but the menorah was approve.In the area of assuage exercise of religion, can children of Jehovahs Witnesses be expelled from public schools for refusal to salute the American flag? Yes. Why do the Witnesses object to flag salutes or standing for the national anthem? They believe it violates one of the 10 commandments. What did our highest court rule in Minersville, Pa., School District v. Gobitis? 8-1 stating that one could not refuse to pledge homage to the flag. West Virginia State Board of Education v. Barnette? The court reversed itself, saying it was okay to excuse ones self from saluting the flag or standing at the national anthem due to religious feelings.How did the Supreme Court broaden the rights of careful objectors during the Vietnam War? It allowed any passifists who were against not onl y one war, but all wars to be exempt from the draft rather than just religious passifists. What did the Court rule in the Seeger, Welsh and Gillette cases? Seeger ruled that a belief in a traditional divinity fudge or religion was unnecessary in order to be exempt. Welsh held that humanitarian assent was equivalent to religion. In Gillette held that one must be correctd to all wars in order to be exempt.What did the Court hold in the Mormon polygamy case (Reynolds v. U.S.)? They ruled against it. Polygamy is misappropriated in Utah. Why did the Roberts Court grant a religious exemption from some civil rights laws in Hossana-Tabor v. E.E.O.C. (2012)? The separation between church and state allows this.EXPRESSION (SPEECH AND PRESS)There are a number of theories well-nigh how the graduation exercise Amendments free talking to and conspireing guarantees ought to be interpreted. What is the absolutist view, held by the American courtly Liberties Union (ACLU) and the late Justic es Hugo Black and William O. Douglas? They jilted line- sorbing, what the law says goes in a existent sense. when it says no law, it means no law. The two-tier theory, associated with the late political philosopher Alexander Meiklejohn? The press may say anything about the government. The line-drawing position, held by most settle? Establishing a number of standards to track down them between permissible and impermissible forms of free expression. What is meant by the preferred freedoms concept? First amendment freedoms should be given potential give-and- take for granted by the court because they are demand in a democratic society. What is commercialised oral communication? Speech done on behalf of an individual or a familiarity in order to produce a profit.Why did John Stuart Mill oppose censorship in his classic work, On Liberty? John Stuart Mill believes that the majority should not always influence the minority because if the majority is wrong, then the truth goes unh eard, but if the majority is right, then the minority doesnt understand why they are wrong. What is the account against the suppression of ideas that we find not only unpopular, but even nauseateful? All ideas must be allowed, even if those ideas are sexist, racist, or angering.If, as judges say, the line must be drawn someplace and free expression is not an imperative value, then what guidelines have they used to draw that line? Anything can be said, even violent things, as long as there is no evidence of conception to commit lawless acts. The right to slash your arms ends right as my hoist begins. What is the clear and present danger principle (Schenck v. U.S.)? Enacted during WWI which created the Espionage act, where nobody could say anything that interfered with allied war efforts like encouraging young men to dodge the draft, or any other armed traces recruiting. The evil tendency riddle (Gitlow v. New York )?The government does not defend the expression which crea ted a tendency toward illegal actions. The clear and probable danger test (Dennis v. U.S.)? The law prohibited the protagonism to weaken the U.S. government and the conspiracy as well. What did the Supreme Court rule in the metalworker Act cases of the 1950s? it is illegal to violently overthrow a government. 70 communists were convicted after this was established. What was the substance of Yates v. U.S.? Mere theoretical advocacy to overthrow the U.S. government by force and violence was a judicially protected right.What is the difference between liberty and emancipation? Liberty means freedom under law ( the right to do something as long as nobody is hurt.) permission is an abuse of liberty( such as denigratory subject or slanderous speech).What is meant by the doctrine of no prior restraint on publication? A doctrine that states that promulgated material does not have to be pre-screened in order to be published and viewed by the public. What was the significance of adjace nt v. Minnesota? The court ruled that the press gag law was unconstitutional due to the fact that it restricts freedom of the press. New York Times-Washington rear v. U.S.? These intelligence informationpapers published pentagon papers that were a study of the U.S. decision making in the Vietnam War. It gangrenous the chairperson and the government. This resulted in the lifting of the district courts restraining order on the press due to the failure to prove that publication of the documents jeopardized national security. How and when can First Amendment set collide with those of the Sixth Amendment? The right of the defendant in a criminal case to a fair trial by an impartial jury of his or her peers. Sometimes, judges have concluded, the press has conducted trial by newspaper.What are restrictive orders, called gag orders by the media? The courts force of the media to retain certain entropy from being published for varying circumstances that may stop a current court case o r could cause disability to individuals (possibly the governments) reputation What move can trial judges take to protect the rights of the accused?Through right to response laws, closing court retinue to the media, and implementing gag orders on certain subjects. Do reporters enjoy a privileged kin with their root words? The supreme court says no, but there are shield laws that allows reporters to withhold certain information. What is the meaning of the phrase burning the source? Giving up the identity of a journalists source so that person can be questioned in court. Can reporters be held in discourtesy of court and jailed for refusal to turn over notes, tapes, or to offer testimony when so ordered (Branzburg v. Hayes)? YesWhat, in theory, is the problem with shield laws? Some believe that it is a slip to let the government grant immunity, this implies that the state can also withdrawal it. Can judges close their tribunals to the press and public during preliminary procee dings (Gannett v. DePasquale)? Yes. Can judges close down a trial itself, excluding media and public (Richmond Newspapers v. Virginia)? No, the right to attend criminal trials is implicit in the grantee of the first amendment.Do television cameras in the courtroom prevent the defendant from receiving a fair trial? Sometimes, in the pre-trial stage, the jury is permeated with information about the case that will not allow a fair trial. What did the Supreme Court rule in Estes v. Texas and Chandler v. Florida? The overturning of the swindling conviction of petitioner Billy Sol Estes, holding that his 14th Amendment due process rights were go against by the publicity associated with the pretrial hearing. For Chandler v. Florida ordinance cameras and electronic media are permitted in the judicial proceedings subject to the control of the presiding judge. When are TV cameras permitted in the courtroom at once? Always, but it can be interpreted away by the presiding judges accord. What is the situation with respect to Federal courts? Cameras are not allowed in federal courts.Do political candidates have the right to reply to editorial attacks by the media? Yes. What happened to the Florida law giving them such a right when it was challenged in Miami Herald v. Tornillo? It was immediately stricken down because a newspaper involves a crucial process of editorial fantasy that may not be set by the state.What is meant by symbolic free expression? Expressing ideas by silent, non-verbal communication. What did the Supreme Court rule in the draft-card burning case (OBrien v. U.S.)? It was criminally illegal. Tinker v. Des Moines? tiring black arm-bands in protest of Vietnam could not be outlawed because this form of expression is silent and caused little disruption. Do Americans have the right to burn the flag? Currently, Yes. What did the Supreme Court rule in Texas v. Johnson? It is legal free speech to desecrate a flag. U.S. v. Eichman? flagstone desecration is a f orm of constitutional free speech. What was the fate of the Flag Protection Amendment? It fell 1 vote short with 66 for and 34 against. notwithstanding 3 republicans hostile it. How did Senators Barack Obama and Hillary Clinton vote on the measure? They both opposed the amendment.What are fighting words? Inflammatory speech inviting violence, which are not protected by the 1st and 14th amendments. Calling a policeman a fascist is an example. What is hate speech? Speech that arouses anger, alarm, and resentment toward others on the basis of race, gender, creed, color, and religion. What did the Court decide in R.A.V. v. City of St. Paul (1992) and Virginia v. Black (2003)? Supreme court ruled that the city enactment against cross burning is unconstitutional, it interferes with free speech rights. For Virginia v. Black, the court ruled that making a law against cross burning is not unconstitutional, but cross burning cannot be considered prima facie evidence of intent to discrimina te.What did the Supreme Court rule in Snyder v. Phelps in 2011? Speech on the sidewalk about a public issue cannot be liable for a tort of emotional distress, even if the speech is outrageous. Court ruled 8-1 about it. Should free speech include the right to carry signs reading matinee idol Hates Fags, thank God for Dead Soldiers, Thank God for 9-11? No.Have some universities, such as the University of Michigan and University of Wisconsin, gone(p) too far in proscription offensive speech (ethnic and racial slurs), gibe to the Federal courts? Yes, they are in violation of the first amendment.What is libel? Libel is preposterous printed or broadcast statements that intend to damage someones reputation. Slander? faithlessly statements made by someone looking to damage someone elses reputation. What are the main elements which must be established to have actionable libel? defamation, identification, publication, and fault. What are the main defenses used by media in libel cases? That freedom of the press is prevailing in a democratic society.What was the significance of New York Times v. Sullivan? It set a standard that one cannot sue a newspaper for libel unless one can address that he/she was the defamed party. What is actual malice? libelous remarks with knowledge that the remarks were false, or that there was lack of disregard on whether or not the remark was true. What is hot news (AP.v.Walker)? news that is current and controversial, but not always journalistically accurate. What is the prudent publishing company rule (Butts v. Curtis Publishing Co.)? Publishers must stick with the professional standards of journalism. This included verification of facts, in particular when the deadline is less than monumental.What part of the Bill of Rights guarantees American citizens independence of Assembly? First amendment.m Freedom of Association? First amendment. Can cities wait permits for parades, sound trucks and demonstrations? Yes Under what circums tances? To secure peace and tranquility. Why did the ACLU argue on behalf of the Nazis in the Skokie, Illinois, case? They believed the Nazis potential to incite violence among the Jewish community did not warrant conquering of the right to assemble.Why was the Roberts Courts 2010 decision striking down part of the McCain-Feingold (Citizens United v. Federal Election Commission) so controversial? It allowed corporations to fund ads and movies for and against presidential candidates. How did President Obama react to the decision? He was very mad. He said foreign businesses are going to be funding these commercials now. What encounter has this decision had on American elections? It has allowed much more money to be spend on elections. Rich corporations could potentially control an election.What was the impact of the courts striking down the azimuth Citizens Clean Elections Act? It left a lot of people angry. Stating that it was meant to level the vie field, not restrict Free Sp eech. Those who opposed the law said in a democracy, campaigning is not supposed to be a game.