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by: Ron Jakubowski


Ron Jakubowski
GPA 3.98

Paul Baier

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Paul Baier
Class Notes
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This 15 page Class Notes was uploaded by Ron Jakubowski on Tuesday October 13, 2015. The Class Notes belongs to HNRS 3031 at Louisiana State University taught by Paul Baier in Fall. Since its upload, it has received 30 views. For similar materials see /class/223118/hnrs-3031-louisiana-state-university in Honors at Louisiana State University.




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Date Created: 10/13/15
Honors 3031 Final Study Guide Marbury v Madison Facts 0 Marbury was a justicesof thepeace whom President Adams on his last day in office appointed for the District of Columbia The commissions were sealed but several including Marbury s were not delivered on time Jefferson President Adams successor ordered Madison the new Secretary of State not to deliver the commissions Marbury argued that a he and the other appointees were entitled to the commissions and b Madison s failure to deliver the commissions entitled the appointees to a writ of mandamus Rule Implicitly Article VI Section 2 of the Constitution gives the Supreme Court the authority to review acts of Congress and determine their constitutionality Commonwealth v Davis Facts 0 An ordinance in the City of Boston prohibited any person from making quotany public addressquot on public grounds without permission of the mayor 0 Rev William F Davis attempted to preach in Boston Commons a public park 0 Davis was arrested fined and jailed for violating the ordinance 0 Davis appealed his conviction arguing in part that the Fourteenth Amendment Due Process Clause39s protection of property entailed a right to access public property Rule 0 The legislature and the state had the power to exercise authority over public property quotThe Fourteenth Amendment to the Constitution of the United States does not destroy the power of the states to enact police regulations as to the subjects within their controlquot Palsgraf v Long Island R R Facts 0 Defendant helped to push a man aboard a train 0 The man s package fell 0 Inside were firecrackers which exploded causing some scales to fall and injure Plaintiff Rule 0 Negligence is based on the foreseeability of the harm between the parties Steamship Company v Portwardens Facts 0 A statute of the State of Louisiana passed on the 15th of March 1855 enacted that the master and wardens of the port of New Orleans should be entitled to demand and receive in addition to other fees the sum of five dollars whether called on to perform anyservice or not for every vessel arriving in that port Rule Held commerce clause of the US constitution and overturns LA supreme court The power to regulate commerce with foreign nations and among the states is vested in Congress and that no state without the consent of Congress can regulate commerce Crandall v State of Nevada Facts o In 1865 the Nevada legislature enacted a law that levied a onedollar tax on any person leaving the state by railroad stage coach or other any mode of transportation engaged in transporting passengers for hire 0 Crandall maintained that the Nevada statute under which he was prosecuted was unconstitutional but the lower courts rejected that claim Rule 0 The Nevada tax was unconstitutional o The court39s ruling unequivocally denies a state the ability to inhibit people from leaving that state by taxing them Mapp v Ohio Facts 0 Police officers sought a bombing suspect and evidence of the bombing at the petitioner Miss Mapp s the petitionerquot house 0 After failing to gain entry on an initial visit the officers returned with what purported to be a search warrant forcibly entered the residence and conducted a search in which obscene materials were discovered o The petitioner was tried and convicted for these materials Rule 0 All evidence discovered as a result of a search and seizure conducted in violation of the Fourth Amendment of the United States Constitution shall be inadmissible in State court proceedings Adams v Lindsell Facts 0 The Defendants wool dealers sent a letter to Plaintiffs wool manufactures and offered to sell them fleeces upon receipt of their acceptance in the course of post 0 The Defendants letter was misdirected and did not reach the plaintiffs until 3 days later 0 That night Plaintiffs accepted Defendant s offer and mailed it directly back in a timely manner o It was received by the defendant 4 days after the plaintiff sent the letter 0 During this time the defendant had offered and sold their wool to another person o Plaintiffs brought suit for the losses they sustained by not receiving the fleeces Rule 0 The Mailbox Rule the proposition that an offer is accepted upon mailing of the offer 0 Ruled in favor of the plaintiff Wood v Lucy Lady Duff Gordon Facts 0 Lady DuffGordon Defendant agreed to allow the Wood Plaintiff to promote her product and split profits 0 Defendant placed an endorsement without Plaintiff s knowledge and withheld profits from him o In exchange for an exclusive agency he would promote her trademarks 0 Nowhere in the contract does he promise work exclusively Rule 0 Ruled in favor of Wood 0 A promise to use reasonable efforts may be implied from the entire circumstances of a contract 0 An implied promise to use best efforts in contract performance can constitute valuable consideration 0 The duty of good faith can for g in an O to avoid 39 of a contract clearly intended by the parties Home Building and L Assn v Blaisdell Facts 0 Minnesota s Mortgage Moratorium Law which was passed in order to grant relief to those with mortgages during the Depression was upheld as an emergency measure despite its interference with private contracts between mortgagors and mortgagees The Home Building and Loan Association contested that this exceeded the power of the state based on the contracts clause Rule Ruled in favor of Blaisdell and upheld the Minnesota law The protective power of the state the police power may be exercised in directly preventing the immediate and literal enforcement of contractual obligations by a temporary and conditional restraint where vital public interests would otherwise suffer Chambers v Florida Facts 0 Four black men sentenced to death for the murder of a white man claimed their convictions were obtained quotsolely upon confessions and pleas of guilt extorted by violence and torturequot in violation of the Fourteenth Amendment Rule o Convictions of murder obtained in the state courts by use of coerced confessions are void under the due process clause of the Fourteenth Amendment New Orleans v Dukes Facts 0 A New Orleans ordinance prohibits pushcart food sales in the Vieux Carre or French Quarter but by a quotgrandfather provisionquot exempts pushcart vendors who had operated in the Quarter for eight years 0 Appellee who had conducted a pushcart business there for less than that time brought suit in the District Court challenging the application of the grandfather provision as a denial of equal protection Rule 0 Ruled against Appellee and upheld the New Orleans Ordinance 0 The grandfather provision does not violate the Equal Protection Clause of the Fourteenth Amendment 0 The ordinance allowed for the vendors who had been there to remain a part of the quotCharmquot of New Orleans Mississippi University for Women v Hogan Facts 0 Joe Hogan Respondent challenged the woman s only admission policy after being denied admission into a nursing program solely on the basis of gender Rule 0 A women s only admissions policy is constitutional when it is supported by a significant government interests and is substantially related to the governmental objective United Zinc Co v Britt Facts 0 Defendant owned a tract on the outskirts of a town on which was an open and abandoned cellar wherein water had accumulated clear in appearance but dangerously poisoned with chemicals resulting from manufacturing operations formerly conducted there by the defendant 0 Children came and trespassed upon the land entered the water were poisoned and died Rule 0 No license or invitation could be implied and that the defendant was not liable o A landowner owes no general duty to keep his land safe for children of tender years or even free from hidden danger if he has not directly or by implication invited them there Baltimore and Ohio Railroad Co v Goodman Facts 0 Goodman Plaintiff was struck and killed by Baltimore and Ohio RR s Defendant s train when Plaintiff crossed a train track 0 Plaintiff s estate argued that he had no practical view beyond a section house until he was about twenty feet from the rail or twelve feet from danger 0 Defendant argued that Plaintiff s own negligence caused his death 0 Ruled in favor of the defendant 0 If a driver cannot be sure if a train is dangerously near then he must stop and get out of his vehicle to check If he does not he fails to meet the standard of conduct required of a careful driver and is responsible for his injuries 0 The question of due care very is left to the jury However quotwhen the standard is clear the Courts should lay it down once and for allquot United States v Holmes Facts 0 Ship was sinking 0 Holmes who happened to be a sailor at the behest of the mate in charge proceeded to throw overboard about a dozen men in order to keep the boat from sinking o Convicted of manslaughter and appealed to the supreme court 0 Holmes39 defense attorney argued that this was an instance ofjustifiable selfdefense and that he Holmes quotneed not wait till the certainty of the danger has been proved past doubt o Ruled that Holmes39 conviction would be upheld o Said that quotthe sailor39s duty is the protection of the persons intrusted to his care not their sacrificequot Commonwealth v Perry Facts 0 Massachusetts legislature had passed a law to protect weavers saying that the employer could not withhold any portion of his worker s wages for imperfections in the work Rule 0 Massachusetts Supreme Court ruled that the law violated the contract clause in the state constitution with the right to make reasonable contract Storti v Commonwealth Facts 0 Storti was the first person to be sentence to death under the new 1898 Massachusetts statute which substituted electrocution for hanging 0 Storti s lawyer claimed that the use of electrocution was cruel and unusual punishment and therefore unconstitutional Rule 0 Justice Holmes and the Court ruled that the use of electrocution was not cruel and unusual punishment and upheld the 1898 Massachusetts statute Otis v Parker Facts 0 Section of the California constitution in 1903 said that contracts for the sale of mining stock on margin or for future delivery should be unenforceable o It was meant to protect people from mining scams that just took their money 0 Argued that this violated the 14 h Amendment and the state police power Rule 0 Court rules that this was not in violation of the 14 h Amendment o If the state thinks that an admitted evil cannot be prevented except by prohibiting a calling or transaction the courts cannot interfere Tyson amp Bro v Banton Facts 0 New York law set a 50 cent limit for the markup of theatre ticket prices Rule 0 Held the law unconstitutional under the due process clause of the 14 h Amendment on the grounds that it was a taking of property without due process Marie Louisefwc v Marat Facts 0 Marie Louise was a slave in LA 0 She was taken by her master to France where slavery is illegal 0 She argued that she was now a free person of color Rule 0 Supreme court ruled that in being free for one moment in France it was not in her former owner s power to reduce her again to slavery Plessy v Ferguson Facts 0 A Louisiana statute required railroad companies to provide separate but equal accommodations for its Black and White passengers 0 The Plaintiff Plessy Plaintiff was prosecuted under the statute after he refused to leave the section of a train reserved for whites Rule 0 Ruled against Plessy 0 A law which authorizes or requires the separation of the two races on public conveyances is consistent with the Fourteenth Amendment of the United States Constitution Constitution unless the law is unreasonable Gong Lum v Rice Facts 0 Mississippi held that schools were separate but equal 0 Only had this for Black and white schools 0 Gong Lum was of Chinese decent and there was no separate but equal school for them 0 She was grouped in with all Colored schools Rule 0 Ruled against Gong Lum and upheld separate but equal 0 A child of Chinese blood born in and a citizen of the United States is not denied the equal protection of the law by being classed by the state among the colored races 0 Even if these colored races are assigned to public schools separate from those provided for the whites 0 As long as equal facilities for education are afforded to both class Brown v Board of Education Facts 0 black minors seek the aid of the courts in obtaining admission to the public schools of their community on a nonsegregated basis 0 Plaintiffs contend that segregated public schools are not quotequalquot 0 Brought to court saying they are deprived of the equal protection of the laws Rule 0 Segregated public schools are not quotequalquot and cannot be made quotequalquot therefore the doctrine of quotseparate but equal in public schools is a violation of the Equal Protection Clause of the Fourteenth Amendment Riggs v Palmer Facts 0 Knowing that he was to be the recipient of his grandfather39s large estate Palmer fearing that his grandfather might change the will murdered his grandfather by poisoning o The plaintiffs argued that by allowing the will to be executed Elmer would be profiting from his crime Rule 0 Ruled in favor of the plaintiffs 0 The court reasoned that tenets of universal law and maxims would be violated by allowing Elmer to profit from his crime Jacobs amp Youngs v Kent Facts 0 Jacobs amp Youngs Plaintiff sued to recoverfrom Kent Defendant the unpaid balance for a construction contract 0 Defendant appealed from a verdict reversing the decision ofthe lower court excluding the evidence presented by the Plaintiff Rule 0 A term in a contract is considered a promise creating a duty on the obligee o It is not condition of the obligor s duty that the obligee fulfill the terms ofthe contract Frank v Mangum Facts 0 Frank Petitioner was formally indicted for murder and was found guilty and sentenced pursuant to law of the State 0 Petitioner alleged that a hostile public sentiment improperly influenced the trial court and jury against him and in the courtroom took the form of mob domination o Said this was a violation of the due process clause 0 Ruled against the petitioner 0 Due process of law guaranteed by the Fourteenth Amendment has regard to substance of right and not to matters of form and procedure 0 In determining whether one convicted of crime has been denied due process the entire course of proceedings and not merely a single step must be considered Moore v Dempsey Facts 0 Eleven African American defendants were sentenced to death after perfunctory trials 0 Counsel for the accused who did not meet their clients until the trial began called no witnesses produced no evidence and did not call on the defendants to testify o In an appeal they argued the accused were convicted under the pressure of the mob with blatant disregard for their constitutional rights 0 The Court ruled 62 that the defendants39 mobdominated trials deprived them of due process guaranteed by the Due Process Clause ofthe Fourteenth Amendment 0 The Court reversed the district court39s decision declining the petitioners39 writ of habeas corpus Evans v Gore Facts 0 Constitution states that a judge shall be paid a compensation which shall not be diminished during their continuance in office 0 The plaintiff said that it was diminished by a tax in respect of his compensation as a judge and by its necessary operation and effect diminishes that compensation Rule 0 Supreme Court ruled that a federal income tax on federal judges was unconstitutional Adkins v Children s Hospital Facts 0 In 1918 Congress passed a law setting minimum wages for women and children in the District of Columbia 0 Children39s Hospital and a female elevator operator at a hotel brought this case to prevent enforcement of the act by Jesse C Adkins and the two other members of a wage board 0 Said that this violated the Liberty of contract in the 5 h amendment Rule 0 Court held that the federal minimum wage legislation for women was an unconstitutional infringement of liberty of contract as protected by the due process clause of the Fifth Amendment Lochner v New York Facts o A New York law r quotquot Ithe r39 of bakery r39 for more than 10 hours a day or 60 hours a week 0 The issue was brought up to the supreme court Rule 0 Supreme court ruled the law to be a violation of the Due Process Clause of the 14 h Amendment 0 Said this because it was llan unreasonable unnecessary and arbitrary interference with the right of the individual to enter into contracts in relation to labor Weaver v Palmer Bros Co Facts 0 A consumer protection act was passed that prohibited the use of shoddy as a filler for comforters o The Appellee Palmer Bros Co Appellee is a manufacturer of comforters that use this material as filler and allege that the act is unconstitutional Rule 0 Court ruled that the law was unconstitutional because it violated the due process clause and the contract clause in the 14 h amendment 0 All evidence shows that the any harm to the health of the public is eliminated during sterilization So the restraint is unreasonable and arbitrary Meyer v Nebraska Facts 0 The Petitioner Meyer Petitioner was tried and convicted of teaching reading in German to a 10yearold student in violation of state laws regulating the teaching of foreign languages Rule 0 Court ruled in favor of the Petitioner saying llmere knowledge of the German language cannot be reasonably regarded as harmfulquot o Ruled that the state could not so influence the educational opportunities of the children of the State and interfere with parental choice of educational experiences Bartels v Iowa Basically same thing that happened in Meyer v Nebraska but teacher was convicted This was reversed with Meyer v Nebraska Pennsylvannia Coal Co v Mahon Facts 0 Property owner brought suit to prevent Pennsylvania Coal Company from mining under their property so as to remove supports and cause a subsidence of the surface and their houses 0 The deeds conveyed only surface rights to the homeowners and expressly reserved the right to remove the coal underneath as a separate estate 0 The Kohler Act prohibited companies in Pennsylvania from mining of coal in such a way as to cause the subsidence of homes and surfaces near improved properties Rule 0 Private owner had only acquired surface rights and not the right to supporting property underneath the land 0 The Kohler Act went beyond a regulation and became a taking causing the Pennsylvania Coal Co to be unable exercise the only valuable right it possessed which was to mine the property for profit 0 The Court acknowledged that the public may have use for the support and an interest in their safety however the subsurface rights to a property could not be taken for the public without just compensation Youngstown Sheet amp Tube v Sawyer Facts 0 Responding to a proposed work stoppage in the steel industry President Truman issued an executive order directing the Secretary of Commerce to seize and operate most of the nation s steel mills Rule 0 Lawmaking power is entrusted solely to Congress 0 The President s power to issue and enforce an order must stem from either an act of Congress or from the Constitution itself 0 A Presidential order to seize property is invalid if it is not founded on a legislative statute or in the constitutional provisions that grant and delimit executive powers 0 The Constitution limits the President s role in the lawmaking process to recommending and vetoing legislation Reid v Covert Facts 0 The case involved Mrs Covert who had been convicted by a military tribunal of murdering her husband 0 At the time of Mrs Covert39s alleged offense an executive agreement was in effect between the United States and United Kingdom which permitted United States39 military courts to exercise exclusive jurisdiction over offenses committed in Great Britain by American servicemen or their dependents Rule 0 The Court found that quotno agreement with a foreign nation can confer power on the Congress or on any other branch of Government which is free from the restraints of the Constitutionquot 0 The Court39s core holding of the case is that civilian wives of soldiers may not be tried under military jurisdiction because of due process and the right to a trial of a jury of your peers Roe v Wade Facts 0 A Texas law criminalized the procurement of an abortion except by llmedical advice for the purpose of saving the life of the motherquot 0 The challengers are a single pregnant woman Ms Roe a childless couple the wife not pregnant Mr and Mrs Doe and a licensed physician Dr Hallford Rule 0 The right of privacy protects a married or unmarried woman s liberty to choose an abortion but this right must be considered against important state interests in regulation such as the stage of the pregnancy Griswold v Connecticut Facts 0 Appellant Ms Griswold was the Executive Director of the Planned Parenthood League of Connecticut quotLeaguequot 0 Appellant and the Medical Director for the League gave information and instruction and medical advice to married couples about birth control 0 They were Convicted under a Connecticut provision outlawing the counseling of others to use contraception as well as the use of contraception Rule 0 Said the Connecticut law was unconstitutional 0 Court held that The Bill of Rights has a penumbra expanding the right of privacy 0 The present case concerns a relationship lying within the zone of privacy created by several fundamental constitutional guarantees Cruzan v Director Missouri Dept of Health Facts 0 Nancy Cruzan s Ms Cruzan parents sought to withhold medical treatment from their vegetative daughter but were denied because of insufficient evidence of Nancy s intent 0 Ms Cruzan s parents now bring suit on her behalf alleging she has a liberty interest in withdrawal of treatment Rule 0 There is a liberty interest to refuse medical treatment 0 However the treatment must be unwanted by the patient 0 Missouri is free to choose whether or not they will accept a surrogate for an incompetent s medical decisions but they are free to establish the standard by which they do so Washington v Glucksberg Facts 0 It is a crime to assist suicide in Washington Petitioners are the State of Washington and its Attorney General Respondents are physicians who practice medicine in Washington Respondents occasionally treat terminally ill patients and claim that they would help these patients end their lives if not for Petitioners ban on assisted suicides Rule The quotlibertyquot protected by the Due Process Clause of the United States Constitution does not include the right to assist suicide Any law that prohibits anyone including physicians from aiding or causing another to commit suicide is constitutional Planned Parenthood of Southeastern Pa v Casey Facts 0 The Pennsylvania Abortion Control Act of 1982 contained certain provisions that were challenged as being unconstitutional 0 First the Act requires that a woman seeking an abortion give her informed consent prior to the abortion procedure and specifies that she be provided with certain information at least 24 hours before the abortion is performed Rule Second the Act requires a minor obtain parental consent but provides for a judicial bypass Third the Act requires that unless certain exceptions apply a married woman seeking an abortion must sign a statement indicating that she has notified her husband of her intended abortion The First was found constitutional Applying the undue burden test the Court found that there was no evidence on the record showing that requiring a doctor to give information as provided by the statute would amount to a substantial obstacle to a woman seeking an abortion The Second was found constitutional By providing a judicial bypass to this requirement there is no undue burden The Third was found unconstitutional The husband s interest in the life of the child does not permit a state to empower him with this degree of authority over his wife University of California Regents v Bakke Facts Rule A white medical student was denied admission to the Medical School of the University of California at Davis clue to the implementation of a special admissions program designed to assure the admission of a specified number of minority students thereby limiting the number of white students Diversity is clearly a constitutionally permissible interest for an institution of higher education as the interest of diversity is compelling in the context of a university s admission program The question remains however whether the program s racial classification is necessary to promote this interest Here Petitioner s special admissions program focused solely on ethnic diversity would hinder rather than further attainment of overall diversity Therefore the special admissions program is unconstitutional DeShaney v Winnebago County Dep t of Social Sens Facts Deshaney s Father was found to have been abusing his son by a court and had to be checked up on by DSS A DSS social worker visited the DeShaney home 5 times and recorded suspicion of child abuse and that the father was not complying with the agreement39s terms No action was taken Joshua was killed by his father The lawsuit claimed that by failing to intervene and protect him from violence about which they knew or should have known the agency violated Joshua39s right to liberty without the due process guaranteed to him by the Fourteenth Amendment to the United States Constitution Rule 0 The DSS39s actions were found not to constitute a violation of Joshua DeShaney39s due process rights 0 The Due Process Clause protects against state action only and as it was Randy DeShaney who abused Joshua a state actor the Winnebago County Department of Social Services was not responsible Abrams v United States Facts 0 While engaged in a war against Germany the United States deployed a contingent of Marines to Russia 0 Defendants a group of Russian immigrants perceived the deployment as an attempt by the United States to suppress the Bolshevik Revolution 0 In protest Defendants distributed leaflets by airplane denouncing the President of the United States capitalism and German militarism o charges brought against Defendants were conspiring to incite provoke or encourage resistance to the United States 0 Appealed under premise of free speech Rule 0 Speech is not constitutionally protected when the words used underthe circumstances present a clear and present danger of bringing about an evil Congress has a right to prevent Bowers v Hardwick Facts 0 After being charged with violating the Georgia statute criminalizing sodomy by committing that act with another adult male in the bedroom of his home respondent Hardwick respondent brought suit in Federal District Court He challenging the constitutionality of the statute insofar as it criminalized consensual sodomy The Court of Appeals held that the Georgia statute violated respondent39s fundamental rights Rule The Supreme court reversed this decision and upheld the Georgia Law The federal Constitution does not confer a fundamental right upon homosexuals to engage in sodomy Lawrence v Texas Facts 0 Texas Law which made homosexual intercourse through sodomy illegal Rule 0 The Texas Sodomy Law was ruled unconstitutional The supreme court held that it violated due process guarantees and found that it violated equal protection guarantees Overturned Bowers v Hardwick Grutter v Bollinger Facts Rule A white law school applicant challenges a law school s use of race as a factor in the admissions process Schools may consider race as a part of the admissions process as long as it is only one factor in an individualized process Federal Club v National League Facts Rule Flood v Kuhn Facts Rule The Baltimore owners decided to launch an antitrust suit against the established leagues and their fellow Federal League owners Claimed that they had conspired to form a monopoly on baseball by destroying the Federal League Baseball was not interstate commerce for the purposes of the Sherman Act St Louis Cardinals39 outfielder Curt Flood refused to be traded to the Philadelphia Phillies after the 1969 season He sought injunctive relief from the reserve clause which prevented him from negotiating with another team for a year after his contract expired Named as initial respondents were baseball commissioner Bowie Kuhn MLB and its entire then24 member clubs Kept the antitrust exemption and ruled in favor of baseball


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