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Published byClifton Little Modified over 9 years ago
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Writ of Certiorari-petition filed with the Supreme Court to request a review of a case. Rule of 4 Conference-Full Consideration Oral Arguments: Lawyers argue before the court Decision: 9-0, 8-1, 7-2, 6-3, 5-4 Opinions: 1. Majority-opinion of most of the Justices 2. Concurring-agree with the majority but for different reasons. 3. Dissenting-disagree with the majority.
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FREEDOM OF SPEECH: A. Clear and present danger test - Schenck Vs. US. Imminent lawless action. B. Balancing test - first amendment protection should be balanced against protecting the nation. C. Symbolic speech - protected by first amendment.
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FREEDOM OF PRESS: a. Prior restraint - cannot prevent materials from being published. b. Libel - publication of something that unfairly damages an individuals reputation. c. Malice - knew the statement was false or acted without regard to it’s truth d. Obscenity - courts have tended to judge on an individual basis and local standards..
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“Almighty God we acknowledge our dependence upon thee and beg thy blessings upon us, our parents, our teachers, and our country.”
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Engel vs. Vitale 1962 Unconstitutional for state officials to compose an official school prayer and encourage its recitation in public schools.
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FREEDOM OF RELIGION: Wall of separation - government should not initiate, promote, or sponsor prayer or other services. Lemon Test - Lemon Vs. Kurtzman 1. Financial aid must be non religious 2. Neither advance nor inhibit religion 3. Avoid an excessive entanglement
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Reynolds Vs US. W.V. Vs Barnette Engel Vs Vitale CA. Vs Jimmy Swaggart Ministries Lynch Vs Donnelly
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SEARCH AND SEIZURE: Probable cause Search warrant Exclusionary Rule - Mapp Vs Ohio Good faith Katz Vs US.
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SELF INCRIMINATION: Escobedo Vs Illinois Miranda Vs Arizona RIGHT TO AN ATTORNEY: Gideon Vs Wainwright
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CRUEL AND UNUSUAL PUNISHMENT 1. Death penalty - Furman Vs Georgia 2. Unfair and unpredictable
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