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Supreme Court Cases #1
Quiz by John Frieser
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Landmark Supreme Court Cases.13.12 Landmark Supreme Court CasesTEKS Social Studies Grade 8 - 8.18.B: Summarize The Issues, Decisions, & Significance Of Landmark Supreme Court CasesWhat is a crime A crime is generally defined as an act or omission that is prohibited by criminal law Two critical ingredients of a crime are: 1) the commission of an act (Actus reus) 2) the mental intent to commit the act (Mens rea) A crime occurs when a person Commits an act or fails to commit an act when under a legal responsibility to do so Has the intent or mens rea to commit the act Does not have a legal defence or justification for committing the act and Violates a provision in criminal law The Social construction of crime Important to distinguish between behaviours that may be considered deviant by society and crimes Deviance is behaviour that is contrary to the norms and values of the larger society Crime is behaviour that breaks the law Deviance includes: Criminal behaviour and Wide range of other behaviours not against the law: May be frowned upon by the larger society What is viewed as deviant changes over time Crime includes: Social construction of crime Legal status of behaviours is not determined by behaviour itself but result of social response to the behaviour/persons/groups engaged in it Criminologists often conduct historical analyses to understand how social, economic and political environments may influence legislation Moral entrepreneurs Often play a key role in criminalizing certain activities Individuals, groups or organizations, seek action against certain groups of people/behaviours and bring pressure on legislators to enact criminal statutes The Origins and Application of the Criminal Law Differing perspectives on where criminal laws come from/ applied via the criminal justice system are reflected in two models 1) Value consensus model 2) Conflict Model Value consensus model Behaviours are defined as criminal/punishment imposed, reflect opinions/limits of tolerance Application of law, society reaffirms acceptable behaviours/social cohesion Conflict Model Crime and punishment reflect the power some groups have to influence, formulation/application of criminal law rich/privileged have an advantage in influencing law reform/criminal justice system The Canadian Legal System Is a common law system, with exception of Quebec which has a civil law system (Based on the French Code Napoleon) Common law is law based on custom, tradition, practice and generally unwritten Precedent is a judicial decision may be use as a standard in subsequent similar cases Canadian Courts Canadian courts organised in a hierarchy Supreme court of Canada is the highest court Stare decisis- principle whereby higher courts set precedents that lower courts must follow âTo stand by what was decidedâ Like cases should be treated alike All courts below SSC bound to apply that same ruling in subsequent cases Criminal Law Body of law deals with conduct considered so harmful to society as a whole that it is prohibited by statute and prosecuted and punished by the government Functions of the Criminal Law In Canadian society, Criminal law provides the following functions Acts as a mechanism of social control Defines the parameters of acceptable behaviour Reduces the risk of personal retaliation Assists in general and specific deterrence Prosecutes criminalized behaviour Protects groups interests Principles of Canadian Law The Rule of Law The requirement that governments as well as individuals be subjected to Traced back to the English Magna Carta The essence of the rule of law is that No one person is above the law All persons are bound by the law All are entitled to protection by the law The law should be observed and enforced equally There is a standard to which criminal justice officials must adhere and will be held accountable Criminal Law Vs. Civil (Tort) Law Summary Crime is a social construction and is a reflection of changing time and mores Criminal law is not static and what behaviour legislatively defined as criminal can change overnight There are instances in which controversy arises when the criminal law is applied to issues of ethics, morality and religion The criminal law was identified as one type of public law and the functions of the criminal law were set out The rule of law and the charter of rights and freedoms are two key parts of the foundation of the criminal justice system There are several principles that also provide the foundation for Canadian law The role, principles origins and application of the criminal law were examined and a number of case studies were presented to illustrate the dynamic nature of the criminal law in a diverse society Grade 10 - Important Supreme Court CaseGSE GRADE 10 ELA - Important Supreme Court CaseThe Civil Rights Movement in the United States was a pivotal period in history that aimed to secure equal rights and end segregation and discrimination against Black Americans. Let's explore some key aspects of this important movement: Which movement fought for equal rights for Black Americans? The Civil Rights Movement What was one of the main goals of the Civil Rights Movement? Ending racial segregation and discrimination Who was a prominent leader in the Civil Rights Movement known for his "I Have a Dream" speech? Martin Luther King Jr. Where did the famous bus boycott led by Rosa Parks take place? Montgomery, Alabama What event marked the beginning of the Civil Rights Movement? Rosa Parks' bus boycott Which organization was founded by Dr. Martin Luther King Jr. to fight against racial segregation and discrimination? SCLC (Southern Christian Leadership Conference) The Civil Rights Act of 1964 aimed to: End racial segregation What peaceful protest did Dr. Martin Luther King Jr. lead in Washington D.C.? March on Washington Which event led to the passage of the Voting Rights Act of 1965? Bloody Sunday in Selma Who was the first Black student to desegregate an all-white school in the South? Ruby Bridges What impact did the Civil Rights Act of 1964 have on U.S. society? Ended racial segregation in public places The Civil Rights Movement inspired other movements for equality, including the: Women's Rights Movement Which city was the location of a series of nonviolent protests led by Dr. King in 1963? Birmingham The Civil Rights Act of 1968 aimed to prevent: Discrimination in housing What was the purpose of the sit-in movement during the Civil Rights Movement? To protest against racial segregation Who inspired the Montgomery Bus Boycott by refusing to give up her seat to a white passenger? Rosa Parks What form of protest did students use during the Civil Rights Movement to challenge segregation at lunch counters? Sit-ins Which Supreme Court case declared state laws establishing separate public schools for Black and White students unconstitutional? Brown v. Board of Education In what state did the famous Selma to Montgomery March for voting rights take place in 1965? Alabama What strategy did Civil Rights activists use to draw attention to their cause, as exemplified by the Birmingham Campaign? Nonviolent direct actionDred Scott was born enslaved in Virginia in 1799. In 1833, he was purchased by Dr. John Emerson, an army surgeon, living in Missouri. At the time, the U.S. was divided into free states (where slavery was outlawed) and slave states (where slavery was allowed). The Missouri Compromise of 1820 made Missouri a slave state. But it also outlawed slavery in any territory north of it. In 1833, Dr. Emerson was assigned to a fort in Illinois, and later, a fort in the Wisconsin Territory. He took Dred Scott with him. They lived in these areas for years. Even though slavery was outlawed in both places, Emerson never freed Scott. Eventually, Scott was sent back to Missouri to live with Emersonâs wife, Eliza Sanford*. After the doctor died in 1843, Scott tried to buy his freedom. Sanford refused. With the support of his church, abolitionists, and friends, Scott sued to get it. His case ended up going all the way to the Supreme Court. The Arguments Scott sued using two Missouri laws. One said any person held in wrongful enslavement could sue for their freedom. The other stated any person taken to a free territory was automatically free, and could not be re-enslaved. Sanford argued that the Missouri laws applied only to someone moving to free areas by choice. Dr. Emerson was ordered by the army to move to his posts. Sanford also said that military authority was greater than the statesâ. And since they lived on military bases, Emerson did not have to follow state or territory laws. The Decision In a 7â2 decision, the Court ruled that Dred Scott was not free. Chief Justice Roger Taney stated that all people of African descent, free or enslaved, were not U.S. citizens. They did not have rights, like the power to vote or sue in court, so Scottâs case was invalid. But Taney did not stop there. He added that, because enslaved people were property, the Fifth Amendment protected the rights of enslavers. The Fifth Amendment says the government canât take someoneâs property without going through the courts or paying for it. Laws that banned slavery, like the Missouri Compromise, were unconstitutional. No level of government, Taney said, state or federal, could outlaw slavery.