PreLaw Cases

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PreLaw Cases
2011-03-13 16:57:37
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  1. Abington School District v. Schempp
    • -1963
    • -Facts - Edward Schempp filed suit against Pennsylvaina law that forces kids to read from the bible at school
    • -Issue: was it unconstitutional under 1st and 14th Amendment to allow organized bible readings in schools
    • -Holding: 8-1 in favor of Schempp - gov't must remain neutral in religion
  2. Marbury v. Madison
    • -1803
    • -Facts: Marbury justice of peace in DC. Adam's assigned people to gov't posts created by congress. Jefferson took office in march 1801 and ordered Marshall not to let men get those jobs (marbury included)
    • Issue: Under Article III, does marbury have right to commission? yes. Right for legal remedy? yes
    • Judiciary Act 1789 - gives supreme court power against constitution
    • Constitution can't be ignored in judicial cases
  3. U.S. v. Nixon
    • -1974
    • Facts:Grand jury indited 7 Nixon's aides in DC. Prosecutors sought tapes of convos recorded by Nixon in oval office. Nixon claimed immunity from subpeona b/c of EXEC PRIVELAGE
    • Issue: Is pres right to safeguard infor using exec. prive confidentiality power immune from judicial review
    • Holding: No - doc. of Seperation of powers can't sustain pres. prive.
    • Nixon resigned after tapes released
  4. Baker v. Carr
    • -1962
    • Facts: Baker filed suit against Tennesee saying that it hadn't redictricted the disctricts since 1901. Rural citiznes votes were worth more than urban citiznes -failed to recieve equal protection of the laws required by 14th amendment. Carr was Secretary of State for TN. Cox tried to get court to accept jurisdiction.
    • -Frankfurter spoke in chambers for 90 minutes
    • -Reconvened a year later.
    • Holding: Case must go back to lower courts. Brennan held majority and brought politics into decision making.
    • Reapportionment enables federal courts to intervene and decide
  5. DeShaney v. Winnebago County
    • -1989
    • Facts: Randy (father) was abusing son Joshua. After being hospitalized first time, state took custody but gave back 3 days later. Social Worker entered agreement with randy and went to home visits in which randy told worker joshua was too sick to see him. Joshua then beaten so badly that suffered massive brain injuries and will be retarde for life.Mother sued county. Court said summary judgement
    • Issue: State had duty under 14th Amend. to protect child.
    • - Said there was existance of parent-child relationship, extreme danger to child, abundant knowledge by state, action by state to take Joshua from Randy but gave back
    • Holding: Rehnquist held that 14th amendment protects state actors only
  6. Snyder v. Phelps
    • -2011
    • Baptist Church picketed funeral of Marine Mathew Snyder. Displayed 'god hates you' 'fag troops' ect. beleived America was doomed because of its increasing tolerance of homosexuality. Later, posted an epic on website denouncing Albert snyder and ex-wife for raising them catholic. Snyder filed tort law
    • Issues: Deflamation, Inten. emotional distress, civil conspiricy, intrusion upon seclusion , publicity to private life
    • - jury found guilty of Intrusion, conspiracy, ITED - 2.9 mil compensatory damages, 8 mil punitive but reduced to 2.1
    • Goes to fed court on diversity of citizenship
    • Appeal: 1st amend. defense - content was public concern
    • Snyders defense didn't bring up claim of epic
    • Decision - 8-1 for phelps
  7. Plessy v. Ferguson
    • -1896
    • Plessy who was 1/8 black entered all white train car and announced he was black. Got arrested and interposed a plea. DA filed a Demurer telling court they were going to wait until Plessy provides statement. Court told Plessy they were sentencing him if he didn't do anything.
    • -Writ of Prohibition. Plessy sentenced before faxts were decided. Was deprived of right to trial
    • Issue: Does separate cars act violate the Equal Protection clause of the 14th Amend.
    • Holding: Said Separate is equal - used precedent
  8. Brown v. Board of Education
    • -1954
    • Parents tried enrolling kinds in other segrated schools in Topeka. Kicked out and sent back to other schools. Brown challenged the Separate by equal doctrine
    • Issue: Is separeate but equal violated under 14th Amend. when facilities of black and white are very unequal
    • Holding: 9-0 for Brown. Reversed Plessy, and said schools/facilities were no longer separate but equal. Told schools to change at a 'delibarte speed'