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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. 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






2. Fighting words - certain offensive types of speech prohibited






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






4. 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






5. 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






6. Florida recount in 2000 election was a violation of fourteenth amendment's equal protection clause






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






8. Established exclusionary rule






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






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






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






12. Forbids execution of defendants who are mentally retarded






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






14. Invalidated 1989 Flag Protection Act






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






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






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






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






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






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






21. Federal wiretaps of phone conversation is constitutional






22. Made the CRA 1964 apply to virtually all businesses






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






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






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






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






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






28. States cannot set term limits on members of congress






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






30. Cross burning = 'fighting words' = unconstitutional






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






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






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






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






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






36. Right to privacy






37. You can burn the flag






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






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






40. 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






41. Extended exclusionary rule to the states






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






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






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






45. African Americans denied right to vote in primaries = violate fifteenth amendment






46. Cities could legitimately require parade permits in the interest of pubic order (Jehovah's Witnesses march w/out permit)






47. Forbids state-mandated bible reading






48. Race cannot be sole or predominant factor in redrawing legislative district boundaries (1982 VRA wants them to do that - though)






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






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






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