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Pols 451B

by: Rebecca Notetaker
Rebecca Notetaker
CSU Chico
GPA 2.8

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About this Document

Civil Rights/Civil Liberties
Dr. Steve Sherlock
Class Notes
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This 3 page Class Notes was uploaded by Rebecca Notetaker on Monday October 10, 2016. The Class Notes belongs to Pols 451 at California State University Chico taught by Dr. Steve Sherlock in Fall 2016. Since its upload, it has received 2 views. For similar materials see Civil Rights/Civil Liberties in Political Science at California State University Chico.

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Date Created: 10/10/16
Courts State STATE TRIAL COURTS Superior: county, try all cases, court of original jurisdiction Municipal- city, tries misdemeanor cases; California consolidated court into 1. Justice- small towns, California doesn't have any Appeal: The appellate court’s task is to determine whether or not the law was applied correctly in the trial court. Appeals courts consist of three judges and do not use a jury. State Supreme Court FEDERAL District Court: The nation’s 94 district or tral courts are called U.S. District Courts. District courts resolve disputes by determining the facts and applying legal principles to decide who is right. There is at least one district court in each state, and the District of Columbia. Each district includes a U.S. bankruptcy court as a unit of the district court. Circuit Court of Appeals: A court of appeals hears challenges to district court decisions from courts located within its circuit, as well as appeals from decisions of federal administrative agencies. In addition, the Court of Appeals for the Federal Circuit has nationwide jurisdiction to hear appeals in specialized cases, such as those involving patent laws, and cases decided by the U.S. Court of International Trade and the U.S. Court of Federal Claims Supreme Court of United States JUDICIAL REVIEW MARBURY V MADISON (1803) Federalist- Adams Anti-Federalist- Jefferson Marbury asks for Writ of Mandamus ordering Secretary of State to deliver commissions Jefferson didn't want commissions to be delivered Marbury doesn't get commission Constitution- does not give Supreme Court jurisdiction on this case ( p. 50) Judiciary Act of 1789- (p. 50) Supreme Court has right to give Writs of Mandamus Original jurisdiction- court it originated in (superior court) Appellate jurisdiction- only hears appeals A law that is repugnant to the constitution is void INCORPORATION DUNCAN V LOUISIANA (1968) Due Process under 14th amendment and 6th (jury trial) Denied his right to due process because he was denied a jury trial Question is whether the right is among those "fundamental principles of liberty and justice which lie at the base of all our civil and political institutions," whether it is basic in our system of jurisprudence, and whether it is "a fundamental right, essential to a fair trial." Jury trials are safeguards against a biased judge; we don't want the life and liberty of a citizen to be put in the hands of one judge or a group of judges. Reemphasizes the view that the 14th Amendment makes the Bill of Rights applicable to the States as a whole (POIC and due process). States should not be able to experiment with the protections afforded our citizens through the Bill of Rights under the guise of federalism. PUBLIC FUNCTION MARSH V ALABAMA (1946) BURTON V WILMINGTON PARKING AUTHORITY (1961) Nexus lines, symbiotic relationship Private entity---> state MOOSE LODGE V IRVIS (1972) JACKSON V METROPOLITAN EDISON CO (1974) SHELLEY V KREAMER (1948) GRISWALD V CONNECTICUT C---> 14th amendment--> due process---> liberty---> privacy---> procreation/self-autonomy---> contraception ROWE V WADE (1973) C---> 14th amendment---> due process---> liberty---> privacy---> self autonomy---> terminate pregnancy 1st compelling point 2nd compelling point- viability (28 weeks) states interest compelling State may regulate State may ban unless life is in danger PLANNED PARENTHOOD V CASEY (1992) State has compelling interest from beginning Viability 24 weeks Women's liberty interest eroded: lost a month of time Undue Burden test- substantial obstacle Informing spouse before undue burden Rationally related GONZALES V CARHART Constitution ---> 5th Amendment Partial-Birth Abortion Ban 2003 BOWERS V HARDWICK (1986) C--->14th---> Due Process---> liberty---> privacy---> intimate behavior--> sodomy Appellate court found that sodomy laws were unconstitutional State filed at Supreme Court Supreme Court overturned Bowers argued state has compelling interest to make laws to protect morality/type of sex Hardwick argued government overreach in deciding how couples show intimacy No limiting principles for conduct or spatial LAWRENCE V TEXAS (2003) CRUZAN V DIRECTOR, MISSOURI DEPARTMENT OF HEALTH WASHINGTON V GLUCKSBERG MCDONALD V CITY OF CHICAGO EQUAL PROTECTION SAN ANTONIO INDEPENDENT SCHOOL DISTRICT V RODRIGUEZ KOROMATSU V US


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