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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 ConsiderationOral Arguments: Lawyers argue before the courtDecision: 9-0, 8-1, 7-2, 6-3, 5-4Opinions:
1. Majority-opinion of most of the Justices2. Concurring-agree with the majority but for different
reasons.3. Dissenting-disagree with the majority.
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.
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..
“Almighty God we acknowledge our
dependence upon thee and beg thy blessings upon us, our parents, our teachers,
and our country.”
Engel vs. Vitale 1962
Unconstitutional for state officials to compose an official school prayer and encourage its recitation in public schools.
FREEDOM OF RELIGION:
Wall of separation - government should not initiate, promote, or sponsor prayer or other services.
Lemon Test - Lemon Vs. Kurtzman1. Financial aid must be non religious2. Neither advance nor inhibit religion3. Avoid an excessive entanglement
Reynolds Vs US.W.V. Vs BarnetteEngel Vs VitaleCA. Vs Jimmy Swaggart
MinistriesLynch Vs Donnelly
SEARCH AND SEIZURE:Probable causeSearch warrantExclusionary Rule - Mapp Vs OhioGood faithKatz Vs US.
SELF INCRIMINATION:Escobedo Vs IllinoisMiranda Vs ArizonaRIGHT TO AN
ATTORNEY:Gideon Vs Wainwright
CRUEL AND UNUSUAL PUNISHMENT
1. Death penalty - Furman Vs Georgia
2. Unfair and unpredictable