Unit 3

Question 1

Gideon v. Wainwright

Answer 1

1963

accused of burglarizing a Florida pool hall

tried & convicted w/o councel

Court ruled that the 6th amd. included the right to have counsel provided by the state if the defendant couldnt afford one.

Question 2

Judicial Activism

Answer 2

Belief that the court Should:

interpret the constitution loosely

occasionally create new rights or policies that are not specified in the Constitution

override or match the power of gongress &

Question 3

Judicial Restraint

Answer 3

Belief that courts SHOULD NOT:

make policy (policy interpreters not policy makers)

override laws passed by congress/president unless those branches act in a clearly unconstitutional matter.

Question 4

Lochner v. New York

Answer 4

1905

NY law limited bakers from working more than 60 hr/wk

Lochner sued claiming that it was his right to chose how much he worked and for what rate.

Court ruled the law violated the “liberty of contract” even though it is no where listed in the constitution.

Question 5

Miranda v. Arizona

Answer 5

1966

Miranda arrested for rape and kidnapping

and not informed of his rights to counsel and not to incriminate himself.

Supreme Court agreed that he should have been made aware of his rights.

Precedent and law established that criminal suspects had to be made aware of their constitutional rights before being questioned by police.

“Miranda Rights”

Question 6

Affirm

Answer 6

support the lower courts ruling

Question 7

majority opinion

Answer 7

after a vote of the 9 member court, the side with the most votes gets to write a statement regarding how they want the law interpreted or nullified by the lower courts.

Question 8

Remand

Answer 8

sends it back to the lower court with instructions to fix certain issues

Question 9

Reverse

Answer 9

totally abandon the rulings of the lower court

Question 10

contract law

Answer 10

dispute dealing with a creach of mutually agreed action or inaction

Question 11

Judicial review

Answer 11

where the court determines if a law is consistent with the constitution. if not the law is thrown out.

Question 12

Marbury v. Madison

Answer 12

1803

Marbury was apointed by Adams on his way out of office, but did not take effect before term expired. Marbury sued and filed writ with Supreme Court

Court ruled he was entitled to commission, but they did not have original jurisdiction.

established judicial review because the court incalidated the section of the Judiciary Act of 1789 that he relied on during appeal

Question 13

Writ of Certiorari

Answer 13

a document issued by the Supreme Court to call a case up from the lower courts for review. this is often simply called granting “cert.”

it takes 4 of the 9 justices to agree to grant “cert.”

Question 14

8th Amendment

Answer 14

Prohibits Government from inflicting cruel and unusual punishment

Question 15

14th Amendment

Answer 15

Government must treat every citizen equally and the national, state & local government must follow the Constitution & Bill of Rights

Question 16

Civil Law

Answer 16

deals primarily with relations between individuals & organizations. The results of which are typically monetary judgements rather then jail-times or fines. ex. marriage, family law, contracts, torts & property disputes.

Question 17

Article I, Section 8

Answer 17

lists the powers of congress & the national govt

Called Enumerated Powers

Question 18

Administrative Law

Answer 18

legal negotiation of the enforcement or application of tax, business or other bureaucratic regulations

Question 19

Concurrent Powers

Answer 19

THese are powers that both the national & state government share simultaneously.

Question 20

Economic Damages

Answer 20

compensation monetary losses such as medical expenses, earnings, loss of use of property, costs of repair or replacement, the economic value of domestic services, loss of employment or business opportunities.

Question 21

Enumerated Powers

Answer 21

Powers listed in Art I, sec 8 of the constitution which lay out the powers of Congress & the national govt.

Question 22

Federalism

Answer 22

a system where power is shared between the national govt. and the state govt’s

Question 23

Griswold v. Connecticut

Answer 23

1965

a law prohibited married couples from using birth control or parental counseling

Griswold convicted for giving BCP and counseling to a married couple

Court ruled that the law violated the Right to Privacy

conviction was reversed

Question 24

Loving v. Virginia

Answer 24

1967

Black female, married white male in D.C.

home stated of Va refused to recognize the union, sentenced to 1 yr in jail or leave the state.

Court ruled that the right to choose a mate is a fundamental right even though marriage is not mentioned in the constitution.

Question 25

family law

Answer 25

disputes arising out of divorce decrees, custody battles, or child emancipation

Question 26

Roe v. Wade

Answer 26

1973 supreme court struck down the anti-abortion laws of 46 stated. The basis for the ruling was the "Right to Privacy" precedent estabilished in Griswold v. Connecticut.

Question 27

Tort Law

Answer 27

any type of civil wrong (except for contracts) where people sue as a result of negligence or intentional activity.

Question 28

14th Amendment

Answer 28

Government must treat every citizen equally and the national, state & local government must follow the Constitution & Bill of Rights

Question 29

Heart of Atlanta Motel v U.S.

Answer 29

1964 Motel was privately owned "white only" Congress justified commerce clause use claiming that hotels were involved in the "flow of commerce" Court ruled that since blacks coult not find reasonable accommodations while traveling, discrimination had a detrimental effect on interstate commerce.

Question 30

McCulloch v. Maryland

Answer 30

1819 Congress established the Bank of the U.S. owners of locally owned banks were upset because the Bank of the U.S. was stealing their customers Sued claiming that Art. I, Sec. 8 did not authorize Congress to establish a national bank. Court ruled that Congress could create the bank using the Necessary & proper clause established Supremacy Doctine and allowed congress to function beyond Art.1, Sec.8