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

2. You can burn the flag

3. 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

4. Extended exclusionary rule to the states

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

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

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

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

9. Federal wiretaps of phone conversation is constitutional

10. Established exclusionary rule

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

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

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

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

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

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

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

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

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

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

21. Forbids execution of defendants who are mentally retarded

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

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

24. Cross burning = 'fighting words' = unconstitutional

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

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

27. States cannot set term limits on members of congress

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

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

30. Made the CRA 1964 apply to virtually all businesses

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

32. Gave states more power to regulate abortion

33. Invalidated 1989 Flag Protection Act

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

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

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

37. Separate is not equal

38. First time court overturned state law on constitutional grounds.

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

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

41. Right to privacy

42. 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

43. Established judicial review

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

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

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

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

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

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

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