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Important Court Cases

Subject : law
Instructions:
  • Answer 50 questions in 15 minutes.
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  • Match each statement with the correct term.
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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. Fed can limit speech that doesn't lead to action (upholding Smith Act - which made it a crime to support any communist organization)






2. Made the CRA 1964 apply to virtually all businesses






3. Halt to all death penalty punishments in nation until a less arbitrary method of sentencing was found






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






5. 'Bad Tendency Doctrine -' speech restricted if it has tendency to lead to illegal actions; selectively incorporated freedom of speech to states






6. Established judicial review






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






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






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






10. Federal wiretaps of phone conversation is constitutional






11. 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






12. Right to privacy






13. Gave states more power to regulate abortion






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






15. Invalidated 1989 Flag Protection Act






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






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






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






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






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






21. Ordered house districts to be near as equal as possible - enshrined principal of 'one man - one vote.'






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






23. Citizens of Japanese descent could be interned and deprived of basic constitutional rights due to executive order






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






25. Helped states to engage in eminent domain - said that fifth amendment right to take private property for public use is legal for states without eminent domain






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






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






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






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






30. You can burn the flag






31. Cross burning = 'fighting words' = unconstitutional






32. Strikes by labor unions are constitutional






33. Fighting words - certain offensive types of speech prohibited






34. 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






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






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






37. Separate is not equal






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






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






40. Forbids state-mandated bible reading






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






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






43. Extended exclusionary rule to the states






44. Forbids execution of defendants who are mentally retarded






45. States cannot set term limits on members of congress






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






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






48. Commerce clause of the constitution does not give congress the power to regulate guns near state operated schools






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






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







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