Court Juristiction
The authority of a court to hear a case.
Jurisdiction
This case establishes the Supreme Court's power of Judicial Review.
Marbury v. Madison
Oliver Wendell Holmes; clear and present danger test; limits on speech esp. during wartime.
Freedom of speech is limited during wartime.
Schenk v. U.S. (1919)
Evidence illegally gathered by the police may not be used in a criminal trial.
Mapp v. Ohio (1961)
Order by the Supreme Court directing a lower court to send up the records of a case for review.
Writ of Certiorari
Authority for both state and federal courts to hear and decide cases.
Concurrent Jurisdiction
Maryland was trying to tax the national bank and Supreme Court ruled that federal law was stronger than the state law.
McCulloch v. Maryland
Says that the government can intern (imprison) citizens during wartime emergencies.
Korematsu v. U.S. (1944)
Prohibited state-sponsored recitation of prayer in public schools by virtue of 1st Amendment's establishment clause and the 14th Amendment's due process clause; Warren Court's judicial activism.
Engel v. Vitale (1962)
Constitutional protection against unlawful imprisonment.
Have to have a reason to be detained.
Habeas Corpus
The jurisdiction of courts that hear a case first, usually in a trial. These are the courts that determine the facts about a case.
Original Jurisdiction
Affirmed federal control of interstate commerce under commerce clause of the Constitution.
Gibbons v. Ogden (1824)
Supreme court case in which it was decided that a student may be searched if there is "reasonable ground" for doing so.
New Jersey v. TLO (1985)
Miranda rights.
5th Amendment self-incrimination clause requires government agents to warn suspects of their right to remain silent and/or contact an attorney before questioning them when they are in custody. Statements made without Miranda Warning are inadmissible in court (like the exclusionary rule for evidence).
Miranda v. Arizona (1966)
The southern colonies were established for......
Economics
The authority of a court to review decisions made by lower courts.
Appellate Jurisdiction
Says that slaves are not citizens.
They are property.
Dred Scott v. Sanford (1857)
1954 - The Supreme Court overruled Plessy v. Ferguson, declared that racially segregated facilities are inherently unequal and ordered all public schools desegregated.
Separation is NOT equal.
Brown v. Board of Education (1954)
Ordered states to provide lawyers for those unable to afford them in criminal proceedings. Warren Court's judicial activism in criminal rights.
Gideon v. Wainwright (1963)
"City on a Hill"
Puritans
The lower federal courts, beneath the Supreme Court.
Inferior Courts
"Separate but equal"
Plessy v. Ferguson (1896)
Abortion rights fall within the privacy implied in the 14th amendment.
Roe v. Wade (1973)
Was a United States Supreme Court case holding that criminal suspects have a right to counsel during police interrogations under the Sixth Amendment.
Escobedo v. Illinois (1964)
Disagreement/to disagree.
Dissenter