Test Bank for School Law and the
Public Schools, 7th Edition
Marbury v. Madison (1803) - ANSWERSEstablished Judicial Review which was NOT found in the
Constitution. Judicial Review = the ability of the court to declare an act of Congress or the POTUS
unconstitutional. (Mr. U-F)
Citizens United v. FEC (2010) - ANSWERSOverturned part of Bipartisan Campaign Reform Act (BCRA -
AKA the McCain-Feingold Law) was found unconstitutional. After this decision, unions, corporations,
and not-for-profit organizations were allowed the freedom of speech to create political ads as long
as they don't coordinate the message with a specific candidate. Citizens United created SuperPACs.
(Mr. U-F)
California Board of Regents v. Bakke (1978) - ANSWERSAffirmative Action quotas cannot be used in
college admissions. Alan Bakke was denied admission to the UC Davis medical school. He claimed
that 16 seats set aside for racial minorities meant he wasn't treated equally under the law. The
SCOTUS agreed. (Mr. U-F)
Mapp v. Ohio (1961) - ANSWERSEstablished the exclusionary rule. Evidence that is gathered illegally
cannot be used against an accused person. (Mr. U-F)
Roe v. Wade (1973) - ANSWERSWomen have the right to terminate a pregnancy in the first
trimester. Decision has based on an implied right to privacy. Although "privacy" isn't mentioned in
the Constitution, there is a "shadow" or "penumbra" in which it is implied to dwell. (Mr. U-F)
Gideon v. Wainwright (1963) - ANSWERSIncorporated the 6th Amendment's right to an attorney
with the Due Process clause of the 14th Amend. Your legal "due" includes an attorney for federal
AND state crimes. (Mr. U-F)
Lawrence V Texas (2003) - ANSWERSThe court ruled that anti-sodomy laws (laws against certain
types of sexual acts), were unconstitutional. They ruled that the sodomy laws violated the due
process clause and the equal protection clause of the 14th amendment. This overturned Bowers v.
Hardwick (1986)(Jackson Dunitz)
New Jersey v. T.L.O. (1985) - ANSWERSThe court reduced the 4th amendment's protection for
searches, for students in school, by ruling that schools simply need reasonable suspicion to search a
student. Reasonable suspicion is less stringent then what is normally needed to obtain a warrant.
Schools get this right as they have to provide a safe school environment. (Jackson Dunitz)
,Wesberry v. Sanders - ANSWERSRequired each state to draw congressional districts approximately
equal in population. "One person, one vote. "(Rebecca Schultz)
Engel v Vitale (1962) - ANSWERSThe court decided that it was unconstitutional for state officials to
make an official prayer at a public school. (Paige Specken)
Shaw v. Reno (1993) - ANSWERSAfter questionable redistricting in North Carolina, the court ruled
that redistricting based on race must be "held under strict scrutiny." In other words, it was
unconstitutional. (Rebecca Schultz)
US v Nixon (1971) - ANSWERSThe court decide that there is a limit on Executive Power (the right to
withhold information for other government branches) reserved for military and diplomatic affairs
only, and any other information that is available the other branches of government. (Paige Specken)
Reed v. Reed (1971) - ANSWERSThe court ruled that laws which preferred men over women were
unconstitutional. This was the first time that the equal protection clause of the 14th amendment
was applied to women, and discrimination based on sex. (Rachel Dieter)
California Board of Regents v. Bakke (1978) - ANSWERSSCOTUS decided that Affirmative Action
quotas can't be used for college admissions. The UC Davis medical school denied admission to Alan
Bakke. UC Davis "reserved" 16 seats for racial minorities and Alan thought that meant he wasn't
treated equally. The Supreme Court agreed with Alan Bakke. (Liz Burke)
Gratz v. Bollinger (2003) - ANSWERSAn affirmative action decision under the Rehnquist court that
ruled that giving underrepresented minorities an advantage in college admissions decisions was
unconstitutional. (Priscille Biehlmann)
Texas v Johnson (1988) - ANSWERSGregory Lee Johnson burned an American flag in front of Dallas
City Hall; he was a way of protesting against Reagan administration policy. The Supreme Court
decided that burning of a flag was a protected form of expression under the First Amendment. The
Court said just because an audience may take offense to an idea or expression, that doesn't justify
prohibitions of speech. (Liz Burke)
Miranda v. Arizona (1966) - ANSWERSMiranda (Male) was arrested for rape and was questioned for
two hours leading to him pleading guilty . The Supreme Court later decided in a 5-4 decision that
because Miranda was not aware of his rights to protect against self-incrimmination so his admission
was not valid. This is why everyone who is arrested is read their Miranda rights. (Charlie Bank)
, Plessy v. Ferguson (1896) - ANSWERSHomer-Adolph Plessy sat in the first class of a train and was 1/8
black, and then he announced it leading to his arrest where he argued that seperate but equal
infringed upon his 14th amendment rights in the equal protection and privileges and immunities.
The court ruled 7-1 that separate but equal facilities based on race is constitutional. (Charlie Bank)
McCulloch v. Maryland (1819) - ANSWERSA landmark Supreme Court case under the Marshall court
that granted Congress implied powers to implement the Constitution, under "necessary and proper"
clause.. It also established that states may not hinder constitutional exercises of power by the
Federal government. (Priscille Biehlmann)
Gregg v. Georgia (1976) - ANSWERSCourt ruled that Georgia's use of the death penalty in "extreme
criminal cases" did not violate the Eighth and Fourteenth Amendments as "cruel and unusual
punishment" because of the "careful and judicious" use of the death penalty outlined in the Georgia
statute. (Ryan Levi)
Edwards v. Aguillard (1987) - ANSWERSCourt ruled that law that forced Louisiana public schools to
teach creationism if they wanted to teach evolution and vice-versa violated the Establishment Clause
of the First Amendment based on the three-pronged test set down in Lemon v. Kurtzman. (Ryan
Levi)
Brown v. BOE (1954) - ANSWERSCourt ruled that racial discrimination in public education schools
was violating equal protection clause therefor making segregation unconstitutional.
(Mariah Crandall)
Planned Parenthood v. Casey (1992) - ANSWERSA law that required spousal notification prior to
obtaining an abortion was invalid under the 14th amendment because it created an undue burden
on married women seeking an abortion. The court ruled that states could pass requirements
regarding abortion as long as it was not an undue burden. (Sarah Ungerman)
Bethel v. Fraser (1986) - ANSWERSThe court decided that the 1st amendment did not protect the
student from being disciplined by the school because of an offensively lewd and indecent speech
given at a school function. (Kendall M)
Gitlow v. NY ( 1925) - ANSWERSThe court decided that the 14th amendments due process clause
protected the 1st amendment's freedom of speech at the state level, punching the 1st hole through
the Barron V. Baltimore wall. Gitlow lost his case though. (Kendall M)
Public Schools, 7th Edition
Marbury v. Madison (1803) - ANSWERSEstablished Judicial Review which was NOT found in the
Constitution. Judicial Review = the ability of the court to declare an act of Congress or the POTUS
unconstitutional. (Mr. U-F)
Citizens United v. FEC (2010) - ANSWERSOverturned part of Bipartisan Campaign Reform Act (BCRA -
AKA the McCain-Feingold Law) was found unconstitutional. After this decision, unions, corporations,
and not-for-profit organizations were allowed the freedom of speech to create political ads as long
as they don't coordinate the message with a specific candidate. Citizens United created SuperPACs.
(Mr. U-F)
California Board of Regents v. Bakke (1978) - ANSWERSAffirmative Action quotas cannot be used in
college admissions. Alan Bakke was denied admission to the UC Davis medical school. He claimed
that 16 seats set aside for racial minorities meant he wasn't treated equally under the law. The
SCOTUS agreed. (Mr. U-F)
Mapp v. Ohio (1961) - ANSWERSEstablished the exclusionary rule. Evidence that is gathered illegally
cannot be used against an accused person. (Mr. U-F)
Roe v. Wade (1973) - ANSWERSWomen have the right to terminate a pregnancy in the first
trimester. Decision has based on an implied right to privacy. Although "privacy" isn't mentioned in
the Constitution, there is a "shadow" or "penumbra" in which it is implied to dwell. (Mr. U-F)
Gideon v. Wainwright (1963) - ANSWERSIncorporated the 6th Amendment's right to an attorney
with the Due Process clause of the 14th Amend. Your legal "due" includes an attorney for federal
AND state crimes. (Mr. U-F)
Lawrence V Texas (2003) - ANSWERSThe court ruled that anti-sodomy laws (laws against certain
types of sexual acts), were unconstitutional. They ruled that the sodomy laws violated the due
process clause and the equal protection clause of the 14th amendment. This overturned Bowers v.
Hardwick (1986)(Jackson Dunitz)
New Jersey v. T.L.O. (1985) - ANSWERSThe court reduced the 4th amendment's protection for
searches, for students in school, by ruling that schools simply need reasonable suspicion to search a
student. Reasonable suspicion is less stringent then what is normally needed to obtain a warrant.
Schools get this right as they have to provide a safe school environment. (Jackson Dunitz)
,Wesberry v. Sanders - ANSWERSRequired each state to draw congressional districts approximately
equal in population. "One person, one vote. "(Rebecca Schultz)
Engel v Vitale (1962) - ANSWERSThe court decided that it was unconstitutional for state officials to
make an official prayer at a public school. (Paige Specken)
Shaw v. Reno (1993) - ANSWERSAfter questionable redistricting in North Carolina, the court ruled
that redistricting based on race must be "held under strict scrutiny." In other words, it was
unconstitutional. (Rebecca Schultz)
US v Nixon (1971) - ANSWERSThe court decide that there is a limit on Executive Power (the right to
withhold information for other government branches) reserved for military and diplomatic affairs
only, and any other information that is available the other branches of government. (Paige Specken)
Reed v. Reed (1971) - ANSWERSThe court ruled that laws which preferred men over women were
unconstitutional. This was the first time that the equal protection clause of the 14th amendment
was applied to women, and discrimination based on sex. (Rachel Dieter)
California Board of Regents v. Bakke (1978) - ANSWERSSCOTUS decided that Affirmative Action
quotas can't be used for college admissions. The UC Davis medical school denied admission to Alan
Bakke. UC Davis "reserved" 16 seats for racial minorities and Alan thought that meant he wasn't
treated equally. The Supreme Court agreed with Alan Bakke. (Liz Burke)
Gratz v. Bollinger (2003) - ANSWERSAn affirmative action decision under the Rehnquist court that
ruled that giving underrepresented minorities an advantage in college admissions decisions was
unconstitutional. (Priscille Biehlmann)
Texas v Johnson (1988) - ANSWERSGregory Lee Johnson burned an American flag in front of Dallas
City Hall; he was a way of protesting against Reagan administration policy. The Supreme Court
decided that burning of a flag was a protected form of expression under the First Amendment. The
Court said just because an audience may take offense to an idea or expression, that doesn't justify
prohibitions of speech. (Liz Burke)
Miranda v. Arizona (1966) - ANSWERSMiranda (Male) was arrested for rape and was questioned for
two hours leading to him pleading guilty . The Supreme Court later decided in a 5-4 decision that
because Miranda was not aware of his rights to protect against self-incrimmination so his admission
was not valid. This is why everyone who is arrested is read their Miranda rights. (Charlie Bank)
, Plessy v. Ferguson (1896) - ANSWERSHomer-Adolph Plessy sat in the first class of a train and was 1/8
black, and then he announced it leading to his arrest where he argued that seperate but equal
infringed upon his 14th amendment rights in the equal protection and privileges and immunities.
The court ruled 7-1 that separate but equal facilities based on race is constitutional. (Charlie Bank)
McCulloch v. Maryland (1819) - ANSWERSA landmark Supreme Court case under the Marshall court
that granted Congress implied powers to implement the Constitution, under "necessary and proper"
clause.. It also established that states may not hinder constitutional exercises of power by the
Federal government. (Priscille Biehlmann)
Gregg v. Georgia (1976) - ANSWERSCourt ruled that Georgia's use of the death penalty in "extreme
criminal cases" did not violate the Eighth and Fourteenth Amendments as "cruel and unusual
punishment" because of the "careful and judicious" use of the death penalty outlined in the Georgia
statute. (Ryan Levi)
Edwards v. Aguillard (1987) - ANSWERSCourt ruled that law that forced Louisiana public schools to
teach creationism if they wanted to teach evolution and vice-versa violated the Establishment Clause
of the First Amendment based on the three-pronged test set down in Lemon v. Kurtzman. (Ryan
Levi)
Brown v. BOE (1954) - ANSWERSCourt ruled that racial discrimination in public education schools
was violating equal protection clause therefor making segregation unconstitutional.
(Mariah Crandall)
Planned Parenthood v. Casey (1992) - ANSWERSA law that required spousal notification prior to
obtaining an abortion was invalid under the 14th amendment because it created an undue burden
on married women seeking an abortion. The court ruled that states could pass requirements
regarding abortion as long as it was not an undue burden. (Sarah Ungerman)
Bethel v. Fraser (1986) - ANSWERSThe court decided that the 1st amendment did not protect the
student from being disciplined by the school because of an offensively lewd and indecent speech
given at a school function. (Kendall M)
Gitlow v. NY ( 1925) - ANSWERSThe court decided that the 14th amendments due process clause
protected the 1st amendment's freedom of speech at the state level, punching the 1st hole through
the Barron V. Baltimore wall. Gitlow lost his case though. (Kendall M)
