Cases Flashcards

1
Q

Marbury v Madison

A

established judicial review in the US

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1
Q

Wickard v Filburn

A

showed the sheer regulatory power of the federal government concerning the commerce clause

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2
Q

*Under EC
Burwell v Hobby Lobby Stores

A

context: HL can’t be forced to provide contraceptives because against faith
- USSC said this is okay because it is not our compelling interest

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3
Q

US v O’Brien (1968)

A

burning draft cards was made illegal and showed us that we have laws that limit our 1st amendment rights during a time of war

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4
Q

US v Cruikshank

A

USSC determined that 2nd Amendment doesn’t protect someone’s right to a gun, it just prevents the federal government from seizing them (nothing abt states or other individuals)

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5
Q

Presser v Illinois

A

reiterating that it is the state’s role to take away or not take away guns

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6
Q

US v Miller (1939)

A

requires tax on production and registration for owning a gun; this was the first example of a federal law that regulates what kind of guns you can have

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7
Q

Ohio v Terry (1968)

A

for police to stop someone, they need reasonable suspicion (see something telling) that their safety is endangered

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8
Q

Weeks v US (1914)

A

Exclusionary rule was created, but applied only to the federal government at this point

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9
Q

Mapp v Ohio (1961)

A

Incorporated exclusionary rule to the states according to the 4th Amendment

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10
Q

Miranda v Arizona (1965)

A

Made the “Pleading the 5th” right against self incrimination apply to police prosecution not just in court
- Miranda Law

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11
Q

Salinas v Texas (2013)

A

USSC decided that the 5th amendment does not establish a complete right to remain silent. it only guarantees that criminal defendants cannot be forced to testify

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12
Q

Blueford v Arkansas (2012)

A

clarified the limits of the double jeopardy clause

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12
Q

Furman v Georgia (1952)

A

unfair death penalties and more regulations regarding the death penalty were added

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13
Q

Gregg v Georgia (1956)

A

the death penalty applied appropriately does not violate the 8th and 14th amendments

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14
Q

Griswold v Connecticut (1965)

A

Griswold Won: How are you going to enforce the law of making contraception illegal without infringing on people’s privacy

15
Q

Roe v Wade

A

Decided US constitution protects a woman’s right to have an abortion

16
Q

Planned Parenthood v Casey

A

decided minors do need abortion consent, because it is not a violation of their privacy

17
Q

Barron v Baltimore (1833)

A

Bill of rights now applies to states

18
Q

Chicago, Burlington and Quincy Railroad v City of Chicago (1894)

A

incorporated takings clause of 5th amendment into due process clause of the 14th amendment by: requiring states to provide just compensation for seizing private property

19
Q

Kelly v Grinwell (1984 NJ Supreme Court)

A

Ex post facto (law created after the case but they were still found liable)

20
Q

Sutter v Hutchings (1985) (GA Supreme Court)

A

if you serve alc to a minor and they leave your house and then injure a 3rd party, you are liable

21
Q

Fasset v DKE (PA Supreme Court) (1986)

A

liable of per se negligence

22
Q

Grimshaw v Ford

A

Case established that money damages would be this high

23
Q

BMW v Gore

A

Term Goring Punitive came from; decided that punitive damages have to be proportional to compensatory damages

24
Q

Exxon Valdez Case

A

point: certain statutes that limit punitives

25
Q

State Street Bank v Ernst (1938)

A

company ended up defaulting on the loan, so state street bank sued the company and ernst
- accountants standard of proof was lowered all you have to prove is recklessness

26
Q

Kelo v City of New London (2005)

A

government can also decrease your property value and compensate you for that decrease