Writ of Certiorari-petition filed with the Supreme Court to request a review of a case. Rule of 4...
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![Page 1: 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.](https://reader030.fdocuments.in/reader030/viewer/2022032804/56649e585503460f94b51445/html5/thumbnails/1.jpg)
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.
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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. Kurtzman1. Financial aid must be non religious2. Neither advance nor inhibit religion3. Avoid an excessive entanglement
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Reynolds Vs US.W.V. Vs BarnetteEngel Vs VitaleCA. Vs Jimmy Swaggart
MinistriesLynch Vs Donnelly
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SEARCH AND SEIZURE:Probable causeSearch warrantExclusionary Rule - Mapp Vs OhioGood faithKatz Vs US.
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SELF INCRIMINATION:Escobedo Vs IllinoisMiranda Vs ArizonaRIGHT TO AN
ATTORNEY:Gideon Vs Wainwright
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CRUEL AND UNUSUAL PUNISHMENT
1. Death penalty - Furman Vs Georgia
2. Unfair and unpredictable