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PLSI 552 Case/Facts Deck Marbury v. Madison (1803) - correct answer William Marbury requested that the USSC to issue a Writ of Mandamus ordering the President, Thomas Jefferson to appoint him Justice of the Peace. [Rule: USSC may review the acts of Congress, and may declare acts unconstitut...

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  • January 2, 2025
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PLSI 552 Case/Facts Deck
Marbury v. Madison (1803) - correct answer ✔William Marbury requested
that the USSC to issue a Writ of Mandamus ordering the President, Thomas
Jefferson to appoint him Justice of the Peace.
[Rule: USSC may review the acts of Congress, and may declare acts
unconstitutional -- established judicial review.]


Ex parte McCardle (1869) - correct answer ✔McCardle appealed a habeas
corpus action to the USSC under an 1867 Congressional Act. In response,
Congress passed an Act repealing the SC's appellate jurisdiction over this
type of habeus corpus action.
[Rule: Congress may remove appellate jurisdiction.]


Barron v. Baltimore (1833) - correct answer ✔Barron claimed that municipal
street construction diverted the flow of streams so that they deposited silt in
front of his wharf, making the water too shallow for ships.
[Rule: The takings clause of the 5th Amendments only applies to federal, and
not state courts.]


Hurtado v. California (1884) - correct answer ✔Hurtado was convicted of
murder, but was not indicted by a grand jury. [Rule: 14th Amendment protects
'fundamental principles of liberty and justice', but the right to jury is not one of
them.]


Palko v. Connecticut (1937) - correct answer ✔Palko was indicted for murder
of the first degree. The jury found him guilty of murder in the second degree
and Connecticut appealed.
[Rule: Double jeopardy does not apply to the states; not fundamental to the
concept of ordered liberty.]

, Duncan v. Louisiana (1968) - correct answer ✔Duncan allegedly assaulted a
white youth and was denied a jury trial during conviction.
[Rule: Right to jury trial under the 6th is incorporated by the 14th.]


Katz v. United States (1967) - correct answer ✔Katz used a phone booth to
communicate bookings which was eavesdropped by the FBI without a
warrant.
[Rule: 4th Amendment protects people, not places.]


United States v. Jones (2012) - correct answer ✔FBI and police tracked
Jones' car by attaching a GPS device outside the scope of their warrant.
[Rule: Reasonable expectation of privacy in movement protected by the 4th
Amendment.]


Illinois v. Gates (1983) - correct answer ✔Police used an anonymous letter
to obtain a search warrant against Gates who was suspected of drug
trafficking.
[Rule: A 'totality of the circumstances' approach is sufficient for probable
cause under the 4th Amendment.]


Terry v. Ohio (1968) - correct answer ✔Terry was stopped and frisked by a
police officer who discovered a gun on his person.
[Rule: An officer may search a person they reasonably believe to be armed
and dangerous. "Terry" stop.]


Tennessee v. Garner (1985) - correct answer ✔Garner fled from the scene
of a robbery and was shot and killed as he began to climb a fence.
[Rule: Apprehension by the use of deadly force is a seizure subject to the
Fourth Amendment's reasonableness requirement.

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