 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.
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.
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..
“Almighty God we
acknowledge our
dependence upon thee and
beg thy blessings upon us,
our parents, our teachers,
and our country.”
Engel vs. Vitale 1962
Unconstitutional
for state officials
to compose an
official school
prayer and
encourage its
recitation in public
schools.
FREEDOM OF RELIGION:
Wall of separation - government should not initiate,
promote, or sponsor prayer or other services.
Lemon Test - Lemon Vs. Kurtzman
1. Financial aid must be non religious
2. Neither advance nor inhibit religion
3. Avoid an excessive entanglement
 Reynolds Vs US.
 W.V. Vs Barnette
 Engel Vs Vitale
 CA. Vs Jimmy Swaggart
Ministries
 Lynch Vs Donnelly
SEARCH AND SEIZURE:
 Probable cause
 Search warrant
 Exclusionary Rule - Mapp Vs Ohio
 Good faith
 Katz Vs US.
 SELF INCRIMINATION:
Escobedo Vs Illinois
Miranda Vs Arizona
 RIGHT TO AN
ATTORNEY:
Gideon Vs Wainwright
 CRUEL AND UNUSUAL
PUNISHMENT
1. Death penalty Furman Vs Georgia
2. Unfair and
unpredictable