Joshua Upthegrove Case Brief: Elk Grove Unified School District v. Newdow FACTS: The Respondent Michael Newdow’s daughter attended school at the Elk Grove Unified School District in California. Elk Grove teachers began each school day with a recitation of the Pledge of Allegiance‚ including the words “under God” added by a 1954 Congressional Act. Newdow sued in federal district court in California‚ arguing that this violates the establishment clause of the U.S. Constitution’s First Amendment.
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married couples do‚ such as federal tax benefits‚ immigration status‚ and Social Security benefits. The Supreme Court of the United States has before them a great decision to make in the case of United States v. Windsor. This will set precedent in United States federal law that allows states to refuse to recognize same-sex marriages granted under the laws of other states. The court will deliberate on the section of Defense of Marriage Act (DOMA) that defined marriage as a union between a man and a woman
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Vanessa Pettengill February 25‚ 2015 Professor Frederick W. ODell Case Brief Case: Texas v. Johnson Citation: 491 U.S. 397 Year: 1989 Facts: While the Republican National Convention was taking place in Dallas‚ Texas in 1984‚ Gregory Lee Johnson was the only one out of 100 protestors arrested for desecration of a venerated object‚ charged with violating the Texas Penal Code Ann 42.09(a)(3)(1989). He publicly burned an American Flag as a means of political protest. The purpose of the demonstration
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Legal Brief 10/24/11 Citation: Charles T. Schenck v. United States‚ Supreme Court of the United States‚ 1919 Issue: Whether distributing anti-conscription literature during war time is protected under the First Amendment. Relief Sought: Schenck did not want to be convicted of violating the Espionage Act of 1917 so he appealed to the United States Supreme Court. Facts: Charles Schenck was the general secretary of the Socialist Party of America. Socialists believed that the war had been caused
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Terry v. Ohio‚ 392 U.S. 1 (1968) “Unreasonable search and seizures” One of the many things learned at state police academies around the country is the “Terry pat”. What a Terry pat is‚ is a basic pat down of a suspects outer clothing‚ searching for weapons. The name came be known by a Superior Court case in the 1960’s‚ known as Terry v. Ohio. The case originated back in October 1963‚ involving John W. Terry and Richard Chilton. The two men were seen on a corner by veteran police detective
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Case Brief: Sutter v. Hutchings Case Name‚ Citation & Court: Sutter v. Hutchings‚ 254 Ga. 194‚ 327 S.E.2d 717‚ Georgia Supreme Court‚ decided 1985. Parties & Procedural History: Trial Court level: Plaintiff Sutter sues Defendant Hutchings. Defendant filed summary judgment motion‚ and court granted judgment in favor of Defendant. Plaintiff appealed. First appeal: Ga. Court of Appeals affirmed judgment for defendant. Plaintiff appeals again to Ga. Supreme Court. Facts: Mrs
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Procedural History: Plaintiff brought suit against defendant for fraud and breaches of warranty. Summary judgement granted in favor of defendant by the District Court. Plaintiff appealed claiming genuine issues of material facts exist. The Facts: Plaintiff bought a used car from Defendant‚ a used car dealer. Defendant offered no warranty‚ but told Plaintiff that the car had been inspected and was accident free. Plaintiff purchased a service plan through Defendant to be administered by a
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Case Name: Kentucky v. King‚ 563 U.S. (2011) Facts: In Lexington‚ Kentucky‚ police officers followed a suspected drug dealer to an apartment building where he went. When they arrived outside of the door to the apartment where the suspect was they reportedly could smell marajuana. The police then knocked and shouted they they were there and in return they could hear what sounded like people destroying the evidence and running around. The police then knocked down the door and saw the respondent
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Professor Swenson Criminal Law November 27‚ 2012 McCleskey v. Kemp Mr. McCleskey was a Black man‚ that was convicted of two counts armed robbery and one count of murder in the Supreme Court of Fulton County‚ Georgia. His convictions were due to the robbery of a furniture store and the killing of a white police officer while the robbery was occurring. There was evidence presented at trial that proved one of the bullets to be from a .38 caliber Rossi revolver‚ which fit the description of
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Final Exam Case Brief Padilla v. Kentucky The question here is whether or not the petitioner‚ Jose Padilla‚ will be deported on account that he had plead guilty to a crime but allegedly had his sixth amendment right violated. There are multiply issues here. The first issue here is Padilla plead guilty to a drug offense that took place in the United States. The second issue is he claims his counsel did not inform him about the consequences of his plea bargain and he was misinformed about the possibility
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