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Important Court Cases

Subject : law
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This is a study tool. The 3 wrong answers for each question are randomly chosen from answers to other questions. So, you might find at times the answers obvious, but you will see it re-enforces your understanding as you take the test each time.
1. NC makes mandatory punishment for certain crimes - deemed unconstitutional

2. States did not have power to tax the national bank - reinforces supremacy clause

3. States not allowed to prevent or punish inflammatory speech unless it will lead to imminent lawless action

4. Segregate with al 'due and deliberate speed'

5. Demonstrations near schools that disrupted classes could be legally banned

6. No such thing as executive privilege in criminal cases - but definitely at other times

7. Prohibited state-sponsored recitation of prayer in public schools

8. Overturned Olmstead - warrants were required to listen in on phone conversation

9. Protesters have substantially fewer assembly rights in malls and other private establishments

10. Fed can limit speech that doesn't lead to action (upholding Smith Act - which made it a crime to support any communist organization)

11. Federal courts = final authority on creation of house districts

12. Race-based affirmative action was permissible so long as it was in the service of creating greater diversity

13. States can regulate abortion but not with regulations that impose an 'undue burden' on women

14. Intentional infliction of emotional distress was permissible First Amendment speech as long as it was about a public official - and no one would actually think it was fact

15. Secular rather than religious purpose? neither promote nor discourage religion? avoid 'excessive entanglement?'

16. Legitimate use of eminent domain - town wanting to buy private land and turn it over to private developers

17. Peaceable assembly for lawful discussion cannot be made a crime - selectively incorporated right to lawful assembly to all state governments

18. School district can suspend students for lewd or indecent speech

19. Banned presidential use of a line=item veto as a violation of legislative powers.

20. State govs must provide counsel in cases involving the death penalty to those who can't afford it

21. Separate is not equal

22. You can burn the flag

23. Students don't 'shed their constitutional rights at the schoolhouse door -' Iowa students suspended for wearing armbands to protest Vietnam war

24. Strikes by labor unions are constitutional

25. BSA could expel any homosexual member they wanted because of first amendment right of expressive association

26. Not libel when they thought it was true at the time of printing

27. Selectively incorporates freedom of the press - prevents prior restraint -state injunctions to prevent publication unconstitutional

28. Extended exclusionary rule to the states

29. All state governments must provide an attorney in all cases for those who can't afford one - powerful repudiation of Betts v Brady

30. Gave states more power to regulate abortion

31. Right to privacy

32. Threw out undergraduate system of selection - generally upheld Bakke

33. Overruled Powell - state govs do not have to provide lawyers to indigent defendants in capital cases

34. Libel and obscenity not protected by first amendment - so three-part obscenity test established

35. Invalidated 1989 Flag Protection Act

36. Parents may remove children from public school for religious reasons

37. Giving money to political campaign = free speech - so wealthy people can now spend as much of their own money as they want if they choose to run for federal office

38. Prohibited states from banning teaching of evolution in public schools

39. States cannot set term limits on members of congress

40. State prohibition of consensual sodomy in private is unreasonable invasion of privacy

41. Court rebuffed an attempt by state of New Hampshire to take control of Dartmouth by holding that Dartmouth's corporate charter was qualified as a contract between private parties

42. FCRA mandated that places of public accommodation are prohibited from discrimination against blacks

43. Confessions given immediately before rights are given means the confession is still admissible

44. Executive efforts to prevent publication forbidden (Ellsburg & Vietnam)

45. Clear and present danger (yelling fire) - Holmes

46. All defendants must be informed of legal rights before they are arrested

47. Forbids execution of defendants who are mentally retarded

48. Mandated 21-year-old drinking age (if you don't feds will take away all federal highway funds

49. Any defendant who asked for a lawyer had to have one granted to him - or any confession after that point is inadmissible

50. NY could not grant steamship company monopoly - increased federal power over interstate commerce