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ALH exam
| Term | Definition |
|---|---|
| Dale's Laws | first set of codified laws in New World, written by Sir Thomas Dale in Jamestown, extreme authoritarianism, punishment of death for minor offense |
| Law and Liberties of MA | focus less on order, more on morality, criminalization of immoral behavior against Puritanism, still could be put to death for minor offenses but no arbitrary punishment |
| Salem Witch Trials | 150 men and women accused of witchcraft, 20 people hung |
| Preschool Satanic Panic | modern day version of Salem Witch Trials, fear of sexual abuse and satanic rituals in preschool, McMartin preschool longest and most expensive criminal trial in history |
| Zenger Trial | 1735, newspaper published Peter Zenger wrote critical comments about Royal Governor, tried for seditious libel but ultimately acquitted because grand jury refused to indict him, showed early colonial discontent with English laws |
| Somerset v. Stuart | British case law, foundation of all subsequent legal debate over slavery in US, judge freed slave would had run away but conceded slaves could be legally in the US and English Courts would uphold slave contracts |
| Great Compromise (CT Compromise) | states had equal number of reps in Senate and population based reps in House, also led to 3/5 Compromise |
| Sedition Act of 1798 | made it illegal to make false or malicious statements about the federal government, used to suppress speech critical of the Adams administration |
| Federalists | strong federal government |
| Anti-federalists | small, state government, desire for Bill of Rights to protect citizens from power of Constitution |
| Judiciary Act of 1789 | set up Supreme Court with 6 justices and a district court for each state |
| Calder v. Bull | Constitution's ban on ex post facto laws does not apply to civil cases |
| Marbury v. Madison | established judicial review, SC has the authority to review laws to determine whether they comply with the Constitution |
| Livingston v. Van Ingen | Supreme Court upheld NY statute creating steamboat monopoly, holding the legislature has authority to limit commercial use of waterways |
| Gibbons v. Ogden | overturned Livingston, SC held that NY statute granting exclusive rights waterways was unconstitutional (steamboat monopoly), if a state and Congress pass conflicting laws regulating interstate commerce, federal law governs pursuant to the Commerce Clause |
| McColluch v. Maryland | SC held that Congress has the implied power to create a national bank and that states may not tax the bank because federal law supersedes state law |
| Jacksonian economics | laissez-faire, against government intervention in the economy, Jackson vetoed extension of national bank |
| Trustees of Dartmouth College v. Woodward | Contract Clause of the Constitution protects private corporations from state interference with corporation's contractual obligations |
| Justice Marshall and his judicial philosophy | largely increased judicial power, cousins with Thomas Jefferson, who he had beef with argued that the Framers intended to write a Constitution that would endure for ages to come, interpreted Framer's intentions from the text |
| Charles Bridge Co v. Warren Bridge Co | if legislation authorizes a corporation to make public improvements, but does not prohibit the authorization of competing projects, a court may not infer the existence of a prohibition |
| Commonwealth v. Hunt | Massachusetts Supreme Court ruled that the common-law doctrine of criminal conspiracy did not apply to labour unions. |
| Farwell v. Boston Railroad | An employer is not liable if the negligence of one of its employees causes injury to another (fellow servant rule) |
| Cary v. Daniels | Each proprietor is entitled to use the stream so long as it is reasonable and not inconsistent with the reasonable use of others |
| Irwin v. Phillips (reverse view of Cary) | the first person use/divert water for its natural course has a right to confined use superior to the rights of subsequent users |
| Seixas v. Woods, McFarland v. Newman | caveat emptor "buyer beware" seller is not liable if no express warranty or fraud |
| Icar v. Suares | Louisiana rejected caveat emptor, require seller to disclose all known defects |
| Seymour v. Delancey | specific performance may be denied based on an inadequate price only if the price is so grossly inadequate as to amount to fraud |
| Justice Shaw of MA philosphy | emphasized individual responsibility, assumption of risk, decisions hinged on the public good, balancing of capitalism with individual rights but major emphasis on facilitation of economic growth |
| Brown v. Kendall | Shaw established negligence as the dominant standard of tort law, and ruled that injured plaintiffs have the burden of proving that the defendant was negligent. |
| Justice Shaw cases | decided Hunt, Brown, Cary, Farwell, Roberts v. City of Boston which first established separate but equal, upheld fugitive slave law |
| Habeus Corpus Suspension Act of 1863 | allowed Lincoln to suspend the writ of habeas corpus (if someone is arrested, hey have the right to go before a judge and be told why they're being held) so long as the Civil War was ongoing, |
| Ex Parte Merryman | SC held: The president of the United States does not have the authority to suspend the privilege of the writ of habeas corpus or to delegate the authority to do so to a military officer. Overriden by Habeus Corpus Suspension Act of 1863 |
| Prize Cases | Lincoln had the power to issue a proclamation instituting a blockade of ports in rebelling states during Civil War, may use force against belligerent states during civil war in the absence of a congressional declaration of war |
| Emancipation Proclamation of 1863 | ended slavery/ freed slaves |
| 1793 Fugitive Slave Act | allowed slave owners to obtain a certificate of removal of the slave back to the state they ran away from |
| Prigg v. PA | The United States Constitution grants exclusive authority to the federal government for making laws regulating the capture and return of fugitive slaves, non-slave states cannot obstruct rights of slave owners |
| Fugitive Slave Act of 1850 | passed in response to backlash from Southern slave owners over lack of enforcement of FSL of 1793, created more stringency and enforcement |
| Abelman v. Booth | Supreme Court upheld 1850 Fugitive Slaw Law, northern states not allowed to interfere |
| Missouri Compromise 1820 | Missouri was a slave state was it barred slavery north and west of Missouri |
| Compromise of 1850 | CA = free state, strengthened fugitive slave laws, NM and UT allowed to decide if they wanted to be free/slave states, banned slave trade in DC |
| Kansas-Nebraska Act | allow slavery into some territories previously blocked by the MS Compromise, led to formation of Republican party dedicated to stopping spread of slavery into new territories |
| Dred Scott v. Sanford 1850 | People of African descent brought to the United States and held as slaves, as well as their descendants (either slave or free), are not considered citizens of the United States and are not entitled to the protections and rights of the Constitution. |
| Impeachment of Andrew Johnson | primary charge against him was that he had violated the Tenure of Office Act, Johnson dismissed Secretary of War Edwin M. Stanton without Senate approval, which Congress saw as a violation of the law, clashed with Congress over Reconstruction |
| Black Codes | passed in former Confederate states, forced blacks into state of subservience, such as requiring licenses to live in a city, own a gun, be ministers, black children could be apprenticed, strict vagrancy laws allowed enslavement of any free black w/o job |
| Civil Rights Act of 1866 | declared that all persons born in the United States were citizens, regardless of race, color, or previous condition of servitude, granted these citizens the same rights as white citizens to make and enforce contracts, sue and be sued, own property, overtu |
| Civil Rights Act of 1875 | aimed to guarantee equal treatment in public accommodations and public transportation, regardless of race or previous condition of servitude, such as hotels, restaurants, public transportation, held unconstitutional in 1883 |
| Civil Rights Cases of 1883 | SC held that the Civil Rights Act of 1875 was unconstitutional. The Court ruled that, under the Equal Protection Clause of the Fourteenth Amendment, Congress could prohibit only discrimination by state actors, not private individuals. |
| Force Acts | aimed at combatting activities of the KKK, authorized the President to use military force and suspend the writ of habeas corpus in order to suppress Klan activities and protect the civil rights of citizens. |
| Slaughterhouse Cases | severely limited the application of the 14th Amendment and virtually destroyed the value of the privileges and immunities clause |
| Plessy v. Ferguson | created separate but equal standard, public accommodations that are segregated according to racial classifications do not violate the Equal Protection Clause of the Fourteenth Amendment as long as such accommodations are “separate but equal" |
| Seneca Falls Declaration 1848, part of Seneca Falls Convention (Elizabeth Cady Stanton) | outlined the grievances of women and called for equal rights and opportunities, asserted that "all men and women are created equal" and argued that women should have the same rights and privileges as men |
| Womens Suffrage Movement | led by Susan B. Anthony (unmarried) and Elizabeth Cady Stanton (had 7 kids), working together as team, debate over whether black men or women should get suffrage first |
| Bradwell v. IL | The Privileges and Immunities Clause of the Fourteenth Amendment does not guarantee women the right to hold the same occupations as men (practice law) |
| Minor v. Happersett | 14th Amendment does not grant suffrage to women |
| US v. Susan B. Anthony | criminal case against Susan B. Anthony for illegally voting |
| Reynolds v. US | A law criminalizing bigamy does not violate a defendant’s constitutional right to the free exercise of religion under the First Amendment. |
| Comstock Act | criminalized use of US postal service to send birth control, sex toys, obscene letters |
| Ex parte Jackson | While a letter or sealed package is in the mail, the police may not intercept it and examine its contents unless they first obtain a warrant based on probable cause. Challenged Comstock Act |
| Populist Movement | political expression of farmers' discontent, first attempt to demand that the government curb private economic power and aid disadvantaged groups |
| Holden v. Hardy | SC upheld a limitation on working time for miners and smelters as constitutional, accepting idea that employee and employer have unequal bargaining power |
| Lochner v. NY | A state may not regulate the working hours mutually agreed upon by employers and employees as this violates their Fourteenth Amendment right to contract freely under the Due Process Clause ( bakers hours) |
| Muller v. Oregon | Under the Fourteenth Amendment, a state may constitutionally limit the working hours of women and not men because of the state’s strong interest in promoting the health of women as the “weaker sex.” |
| Champion v. Ames | The trafficking of lottery tickets across state lines constitutes interstate commerce that may be prohibited entirely by Congress under the Commerce Clause of the Constitution. |
| Justice Holmes | progressive, agnostic, supported economic regulation, legal realist "life of the law is not logic but experience" wrote dissent in Lochner, emphasized deference to legislature, against judicial activism, each generation must come to terms with the law |
| DeTocqueville | argued lawyers are risk averse, must protect the masses from chaos |
| Langdell | shaped modern legal education, case law learning method, first year curriculum, blind grading |
| Espionage/Sedition Act of 1918 | primary purpose of the Sedition Act was to suppress dissent and criticism of the government, particularly regarding the war effort, Supreme Court upheld the constitutionality in Schenck v. United States |
| Schenck v. US | Speech that would ordinarily be protected by the First Amendment may be prohibited when it is used in such circumstances and is of such a nature as to create a clear and present danger of substantive evils that Congress has a right to prevent (upheld Sedi |
| Legal realism | relationship between law and social change, law influenced by judges' behaviors/personality traits, there is no one existing set of moral beliefs as they are always changing |
| New Deal | post Great Depression FDR increased fed govt' s involvement in national economy, embraced social welfare programs, introduced new agencies (SSA,WPA) to provide support for disenfranchised, added constraints on banking industry to re-inflate economy |
| First New Deal | National Industrial Recovery Act of 1933, considered somewhat of a failure |
| Second New Deal | more aggressive legislation, NLRA, Social Security Act |
| Four Horsemen | Conservative block of New Deal Supreme Court, consistent voted against New Deal legislation |
| Schecter v. US | sick chicken case, SC struck down New Deal statute arguing that Congress does not have authority to regulate intrastate commerce with indirect effect on interstate commerce |
| US v. Butler | SC struck down another New Deal Law (Agricultural Adjustment Act) |
| FDR court packing plan | FDR aimed to add up to six additional justices to the Supreme Court to obtain favorable rulings regarding New Deal legislation , mandatory retirement at 70, cited efficiency purposes, known as the "switch in time that saved nine," some justices began to |
| West Coast Hotel v. Parrish | upheld women's minimum wage statute, signaled Court's acceptance of the New Deal, took more expansive view of commerce, Court removed itself from matters of economic regulation |
| Palko v. CT | The 14th Amendment does not automatically incorporate the entire Bill of Rights (doctrine of selective incorporation) |
| Hirabayushi v. US | A wartime curfew aimed at a specific racial group (Japanese) does not unconstitutionally discriminate between citizens of that group and citizens of other ancestries. |
| Korematsu v. US | SC held Japanese internment camps are constitutional, need to protect against espionage and sabotage justified, Korematsu's conviction overturned in 1983, decision repudiated in 2018 |
| Minersville School District v. Gobitis | Court ruled in favor of mandatory flag salutes in schools |
| WV State Board of Education v, Barnette | overturned Minersville, a state may not compel individuals to engage in involuntary expression (mandatory flag salutes) |
| Guinn v. US | Supreme Court struck down Oklahoma's grandfather voting clause which allowed illiterate whites to vote but not black people |
| Nixon v. Herndon/Nixon v. Condon | SC found that Texas laws violated the Equal Protection Clause by prohibiting black people from partaking in the Democratic Primary, later invalidated by Grovey v. Townsend |
| Missouri ex rel Gaines v. Canada | State which provide a school to white students must provide in state education to Black students as well under the EPC, laid the groundwork for Brown, Gaines denied admission to white-only law school |
| Brown v. Board | Separate educational facilities based on racial classifications are inherently unequal and violate the Equal Protection Clause of the Fourteenth Amendment, overturned seperate but equal from Plessy |
| Civil Rights Act of 1964 | Prohibits discrimination in public facilities, government, and employment, as well as prohibits the unequal application of voter registration requirements. |
| Regents of University of CA v. Bakke | upheld affirmative action but disallowed schools from setting aside specific racial quotas |
| Cooper v. Aaron | first significant test to Brown, school board of Little Rock AK, Little Rock Nine |
| Heart of Atlanta Motel v. US | Congress may enact regulations that prevent racially discriminatory policies in hotel accommodations because of the negative effects of those policies on interstate commerce |
| Loving v. VA | A state may not restrict marriages between persons solely on the basis of race under the Equal Protection and Due Process Clauses of the Fourteenth Amendment |
| Morgan v. Hennigan and Morgan v. Kerrigan | ordered Boston Public Schools to desegregate |
| Gulf of Tonkin Resoultion | principal legal document supporting the introduction of American troops in Vietnam, gave President authorization, without a formal declaration by Congress to use military force in Southeast Asia |
| Mora v. McNamara | legality of US military action is not subject to federal review in federal courts (Vietnam War) |
| Bond v. Floyd | State may not apply a stricter First Amendment standard to legislators than citizens |
| US v. O'Brien | burning draft cards, SC upheld statute because the law targeted conduct not carried out for the sole purpose of expression |
| Tinker v. Des Moines School District | In a public-school, prohibiting an expression of an opinion is unconstitutional unless there is a specific showing that engaging in the forbidden conduct would materially and substantially interfere with appropriate discipline in the school |
| Cohen v. CA | fuck the draft jacket, absent a particularized and compelling purpose, a state may not criminalize a public display of a single four-letter expletive without violating the First and Fourteenth Amendments. |
| LBJ Great Society | set of programs with goal of eliminating poverty and racial injustice, including CRA 1964, Medicare |
| Watergate | leading up to the 1972 Presidential campaign, Nixon officials authorized a break in at the Democratic headquarters which Nixon covered up, leading to his resignation |
| US v. Nixon | denied Nixon's presidential privilege claim and forced him to hand over incriminating Watergate tapes |
| Griswold v. CT | An implied “right of privacy” exists within the Bill of Rights that prohibits a state from preventing married couples from using contraception. |
| Goesaert v. Cleary | upheld statute that prevented women from being bartenders |
| Hoyt v. Florida | Making jury service optional for women is not a constitutional violation. |
| Frontiero v. Richardson | argued by RBG, Under the Due Process Clause, governmental classifications based on sex are inherently suspect and must be subjected to strict judicial scrutiny |
| Craig v. Boren | A governmental regulation involving gender discrimination is constitutional if it is substantially related to the achievement of an important government purpose (beer to men under 21 case) |
| Mississippi University for Women v. Hogan | A state statute that discriminates on the basis of gender may be unconstitutional if the statutory objective itself reflects archaic and stereotypical notions relating to gender. |
| Roe v. Wade | The constitutional right to privacy protects a woman’s right to choose to have an abortion, overturned by Dobbs |
| Stonewall Rebellion | series of protests in response to a police raid at the Stonewall Inn, violence between LGBTQ + community and police |
| Boutilier v. Immigation Service | Canadian immigrant kicked out of US for being gay, SC allowed this due to legislative history |
| Dronenburg v. Zech | gay man discharged from army, Court affirmed, no constitutional right to be gay |
| Bowers v. Hardwick | no Constitutional right to engage in sodomy, overturned by Lawrence v. TX |
| Clinton v. Jones | SC held that constitution does not grant President immunity from civil actions involving conduct committed before entering office, Bill Clinton alleged to have sexually harassed employees, indirectly led to discovery of Lewinsky affair and impeachment |
| Bush v. Gore | decided to stop recount in Florida for 2000 Election, recounting votes arbitrarily violates EPC, declared Bush the winner |
| Marshall Court decisions | Marbury v. Madison, McColluch v. Maryland, Gibbons v. Ogden |
| Rehnquist Revolution | conservative jurisprudence, favored moving power from fed govt to the states, decided Planned Parenthood v. Casey, US v. Lopez |
Created by:
madisoncerami
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