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Class: POLI 401 - INTRO TO PUBLIC LAW; Subject: Political Science; University: Southeastern Louisiana University; Term: Spring 2011;
Typology: Quizzes
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"moment of silence" did not have a secular purpose TERM 2
DEFINITION 2 court struck down statute allowin students to lead prayers over the PA system before high school football gamesintent was crucial TERM 3
DEFINITION 3 forcing schools to teach creationism is a violation of the Establishment Clauseevolution remains a controversial topic in religion TERM 4
DEFINITION 4 allows public school teachers to instruct at religious schools, so long as the material was secular and neutral in nature and no "excessive entanglement"evolved judicial standards surrounding first amendmentallows state aid for parochial schools in certain instancesestablished a new test for the Establishment Clause and a significant move away from the Lemon Test TERM 5
DEFINITION 5 a state legislature practice of opening each legislative day with a prayer by a chaplain paid from public funds in not a violation of the Establishment Clause
Display of the 10 Commandments was not integrated with a secular message and were found in violation of the Establishment Clause TERM 7
DEFINITION 7 10 Commandments monument erected in front of the Texas State Capitol was not a violation b/c it conveyed a historic and social meaning rather than an intrusive religious endorsement as in McCreary, context is very significant Lemon Test is no longer used and is replaced by degree of "coerciveness" TERM 8
DEFINITION 8 grants of tax exemptions to religious organizations do not violate the Establishment Clause exemptions were granted evenly among religious groups and showed no favoritism TERM 9
DEFINITION 9 one of the most important Establishment Clause cases in a century Court upholds voucher program and allows tax dollars to be given to defray cost of private school education aid is going to families/children and not institution enhanced jurisprudence of the Establishment Clause TERM 10
DEFINITION 10 Court ruled against a bootleger whose conversations were wiretapped limits of the 4th amendment only extended to physical material shows tension between unethical practices to combat organized crime
provides "knock and announce" exception to 4th Amendment protections Breyer thinks it is effectively overruling Mapp and returning to Wolf "knock and announce" was meant to protect the innocent, not the guilty TERM 17
DEFINITION 17 Miranda Rights are laid out in Warren's decision like the exclusionary rule, will later be undermined TERM 18
DEFINITION 18 An Arizona statute had been constructed to overrule Miranda strikes down statute and re-affirms Miranda as good law TERM 19
DEFINITION 19 due process had been violated by AL's criminal prosecution crimes that face the death penalty must be defended by a Competent attorney lays groundwork for Gideon V. Wainwright TERM 20
DEFINITION 20 6th amendment right to counsel is a fundamental right applied to the states via 14th amendment & requires that indigent criminal defendants be provided counsel at trial Betts v. Brady is overturned
federal courts are granted opportunity to supervise peremptory judgements trial courts must be careful as to how juries are selected Equal Protection Law is now implemented in jury selection TERM 22
DEFINITION 22 allows retroactive laws that are civil, not criminal expost fecto & double jeopardy do not apply to a kansas sexual predator TERM 23
DEFINITION 23 strikes down GA's death penalty as a violation of the 8th Amendment provides a fractional opinion on what the death penalty is TERM 24
DEFINITION 24 GA since Furman, changed the proceedings for determining likeliness of death penalty first stage- guilty or non- guilty second stage- sentencing court upheld GA death penalty statue gives tremendous lead-way to the states set off debate about mi TERM 25
DEFINITION 25 court reversed Precedent & ruled that juveniles cannot receive the death penalty administer evolving standards of decency
established the undue burden test no provision by the state could be burndesome for the mother seeking an abortion requirements for a minor's parental consent, informed consent, & a 24 hour waiting period are not burdensome (as first declared in Akron v. Akron) spousal notification IS burdensome TERM 32
DEFINITION 32 Laws banning partial birth abortion are unconstitutional if they do not make an exception for the woman's health AND/OR if they are construed to apply only to the partial- birth procedure & not to other methods law tried to limit abortion as a whole but was unable to TERM 33
DEFINITION 33 A GA law classifying homosexual sex as sodomy (illegal) was constitutionally protected sodomy is established under common law historically TERM 34
DEFINITION 34 due process clause did not protect the right to assistance in committing suicide assisted suicide is not a fundamental liberty interest under 14th amendment TERM 35
DEFINITION 35 privacy & liberty is protected under 14th amendment even if private intimate conduct is homosexual overrules Bowers
the "separate but equal" provision of private services mandated by state govt. is constitutional under the Equal Protections Clause legitimized segregation efforts in the south TERM 37
DEFINITION 37 segregation of student in public schools violates the Equal Protection Clause of the 14th Amendment because separate facilities are inherently unequal TERM 38
DEFINITION 38 administrators were sitting on their hands in integrating school; court ordered integration with "all deliberate speed" TERM 39
DEFINITION 39 the court declared VA's anti-miscagenation statue unconstitutional, thereby ending all race-based legal restrictions on marriage in the U.S. strict scrutiny will be used in dealing with racially discriminatory laws TERM 40
DEFINITION 40 busing student to promote integration is constitutional grants district judges broad powers o and desegregation
a specific class being discriminated (homosexuals) is not constitutional colorado had disallowed constitutional protection for homosexuals strict scrutiny is not implemented constitutional standard to evaluate homosexual discrimination is unclear TERM 47
DEFINITION 47 strikes down white primaries extends state action doctrine solely cites 15th amendment TERM 48
DEFINITION 48 struck down gerrymandering as a violation of the 15th amendment TERM 49
DEFINITION 49 upheld at large districts Intent for suspicious activity must be proven struck a debate whether it is possible to end desegregation w/ such a large burden TERM 50
DEFINITION 50 at large districts violate the 14th Amendment; intent was established
Court struck down state senate inequality & supported "one person, one vote" Districts had to be roughly equal in population TERM 52
DEFINITION 52 vote: 5-4 (technically 7-2) FL law says the intent of the voter determines a vote, which is interpreted by a local canvassing board many people were unaware of the FL law and the ballots were extremely different, some were perforated, some had to be dimple, ect violation of Equal Protection 7 justices found that FL's practices were inviolation 5 of these justices believed the best way to address the problem is to stop the recount altogether exposed hypocrasy by nearly all of the judges; those who opposed equal protections clause suddenly supported it & vice versa equal protection violation in FL settle presidential election