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Writ of Certiorari-petition filed with the Supreme Court to request a review of a case. Rule of 4...

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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 Consideration Oral Arguments: Lawyers argue before the court Decision: 9-0, 8-1, 7-2, 6-3, 5-4 Opinions: 1. Majority-opinion of most of the Justices 2. Concurring-agree with the majority but for different reasons. 3. Dissenting-disagree with the majority.
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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.

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.

Page 2: 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.

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.

Page 3: 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.

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..

Page 4: 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.

“Almighty God we acknowledge our

dependence upon thee and beg thy blessings upon us, our parents, our teachers,

and our country.”

Page 5: 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.

Engel vs. Vitale 1962

Unconstitutional for state officials to compose an official school prayer and encourage its recitation in public schools.

Page 6: 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.

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

Page 7: 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.

Reynolds Vs US.W.V. Vs BarnetteEngel Vs VitaleCA. Vs Jimmy Swaggart

MinistriesLynch Vs Donnelly

Page 8: 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.

SEARCH AND SEIZURE:Probable causeSearch warrantExclusionary Rule - Mapp Vs OhioGood faithKatz Vs US.

Page 9: 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.

SELF INCRIMINATION:Escobedo Vs IllinoisMiranda Vs ArizonaRIGHT TO AN

ATTORNEY:Gideon Vs Wainwright

Page 10: 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.

CRUEL AND UNUSUAL PUNISHMENT

1. Death penalty - Furman Vs Georgia

2. Unfair and unpredictable


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