GVPT 331 Final Exam 2023 with complete solution
Judiciary Act of 1789 Section 13
Supreme Court has the original jurisdiction to issue writs of mandamus
Constitution conflicting with 1789 Act
original jurisdiction applies to:
ambassadors
public ministers
consuls
where the state shall be party
Judicial review
the ability of the supreme court to determine the constitutionality of a law or bill
writ of mandamus
order from a court to an inferior gov official ordering them to do something
Holding of Marbury vs. Madison
Supreme court could not issue writ of mandamus because Judiciary Act of 1789 was
unconstitutional- congress could not extend power of supreme court under this case to
exercise original jurisdiction (not a case involving "public ambassadors, ministers,
consuls" or where "a state is a party")
Holding of Terry v. Ohio
An officer can perform a search without a warrant or probable cause when he
reasonably believes a person may be armed- unduly burdened by being prohibited by
searching suspects he thought was armed
Issue of Terry v. Ohio
Is a search for weapons without probable cause against the 4th amendment?
Issue in Miranda v. Arizona
Is the government required to notify arrested defendants of their 5th amendment rights
before interrogating them?
Holding in Miranda v. Arizona
The government has to notify individuals of their rights against self incrimination before
interrogation
- if they do not, they cant use the info issued during the interrogation in court
- person can stop the interrogation at any time
- interrogation stops when person remains silent or asks for lawyer first
Kansas v. Dinh Loc Ta Holding
- trial court said that he was guilty of "aggravated indecent liberties with a child"
(arrested and prosecuted)
- appellate court reversed the ruling and said there was insufficient evidence for
"aggravated indecent liberties with a child"/ breaking law
- did not meet the standards for lewd touching/fondling
"lewd touching/fondling"
undermines the morals of a victim and is clearly offensive according to the moral values
of a reasonable person
Criminal Cases
Miranda v. Arizona
Vermont v. Tran
Judiciary Act of 1789 Section 13
Supreme Court has the original jurisdiction to issue writs of mandamus
Constitution conflicting with 1789 Act
original jurisdiction applies to:
ambassadors
public ministers
consuls
where the state shall be party
Judicial review
the ability of the supreme court to determine the constitutionality of a law or bill
writ of mandamus
order from a court to an inferior gov official ordering them to do something
Holding of Marbury vs. Madison
Supreme court could not issue writ of mandamus because Judiciary Act of 1789 was
unconstitutional- congress could not extend power of supreme court under this case to
exercise original jurisdiction (not a case involving "public ambassadors, ministers,
consuls" or where "a state is a party")
Holding of Terry v. Ohio
An officer can perform a search without a warrant or probable cause when he
reasonably believes a person may be armed- unduly burdened by being prohibited by
searching suspects he thought was armed
Issue of Terry v. Ohio
Is a search for weapons without probable cause against the 4th amendment?
Issue in Miranda v. Arizona
Is the government required to notify arrested defendants of their 5th amendment rights
before interrogating them?
Holding in Miranda v. Arizona
The government has to notify individuals of their rights against self incrimination before
interrogation
- if they do not, they cant use the info issued during the interrogation in court
- person can stop the interrogation at any time
- interrogation stops when person remains silent or asks for lawyer first
Kansas v. Dinh Loc Ta Holding
- trial court said that he was guilty of "aggravated indecent liberties with a child"
(arrested and prosecuted)
- appellate court reversed the ruling and said there was insufficient evidence for
"aggravated indecent liberties with a child"/ breaking law
- did not meet the standards for lewd touching/fondling
"lewd touching/fondling"
undermines the morals of a victim and is clearly offensive according to the moral values
of a reasonable person
Criminal Cases
Miranda v. Arizona
Vermont v. Tran
