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EDU 210 - Nevada Law
Exam 2
41
Law
Undergraduate 2
10/23/2012

Additional Law Flashcards

 


 

Cards

Term
Scheneck v. U.S
Definition

During World War 1, a person opposed the war by burning draft cards and was thrown in jail.

Supreme Court upheld the prohibition against burning draft cards because it presented a danger, in time of war to make sure people comply with the need for soldiers

Term
Brandeburg v. Ohio (1969)
Definition

Local KKK group wanted to hold a march to preach white supremacy.

Authorities thought this would create a danger and public distrubance

Supreme Court said, with the urging of the ACLU, that there was not a clear link between the KKK message and public distrubance

Term
Texas v. Johnson (1989)
Definition

Man was prosocuted in Texas for breaking state law by burning an American flag.

Johnson stated he has freedom of speech and was allowed to burn the flag as a political statement.

Supreme Court upheld the right of Johnson saying it indeed was a political statement and we cannot discriminate against it.

Term
Bethel School District No. 403 v. Fraizer (1986)
Definition

Student gave a speech, nominating a friend for class office, using sexual innuendos

School took action against the student

Supreme Court said the school cleary had a reason to believe the speech was offensive, thereofr the discipline was appropriate.

Term
Morse v. Frederick (2007)
Definition

Olympic torch was passing through a town in Alaska.

Kids from a school showed a sign saying "Bong Hits for Jesus"

School suspended the kids for the sign.

9th Circuit Court said it was ok, becuase it was about religion.

Supreme COurt said it was about bong hits not Religion, so it was not ok.

Term
Layshock v. Hermitage S.D. (2007)
Definition

Student used MySpace to make a spoof account about a school staff.

Court ruled that because it was off campus and didn't disrupt school, it was ok.

Term
Boim v. Fulton County School District (2007)
Definition

Boim brought a story about a violent death of a teacher and showed it to students and was supsended because of it.

School said it was not "protected speach"; therefore they could suspend her.

Term
Pinard v. Klatskaine (2006)
Definition

Students did not like their basketball coach; and would not board the bus to the game in protest.

The school suspended the kids because picketing getting on the bus disrupted school

Term
West v. Derby Unified School District (2006)
Definition

Derby had a policy of no confederate flags on campus

A student drew a confederate flag and was disciplined.

Discipline was upheld because of the clear policy against it.

Term
Harper v. Poway Unified School District (2006)
Definition

Harper wore an anti-gay t-shirt to school.

School told him that he couldnot wear the shirt

Court ruled that the shirt was so offensive that the mere presence of it in school causes a disruption.

Term
J.S. v. Bethlehem Area School District (2002)
Definition

J.S. created a webpage which he called "Teachers Suxs"

On the webpage he had graphic depicting violence against school staff.

Court asked: 1) does it demean school personnel 2) DOes it interfere with the smooth running of school

Court upheld the discipline against the student due to the website.

Term
Healy v. James (1972)
Definition

School tried to stop teachers from forming a union

The Supreme Court said that freedom of association to form groups, is inherent in the first amendment.

Court overturned the schools ban

Term
Palmer High School Gay Straight Alliance v. Colorado Springs School District #1 (2005)
Definition

Palmer GSA wanted to hand out flyers about their club meetings.

School made it difficult for the GSA to use the facilities such as using bulletin boards and the PA system.

Court ruled in favor of the GSA sayig the school could not practice viewpoint discrimination.

Term
Gano v. School District #411 (1987)
Definition

Student designed, wore, and sold a t-shirt of school administrators drunk on the shirt.

School punished the students who wore the shirts saying they were disrupting class.

Term
Guiles v. Marineau (2007)
Definition

Student wore a t-shirt showing President Bush saying "Chicken Hawk in Chief"

School told the student to remove the shirt

Student said it was a political statement, saying the Bush Administration supported war, but avoided it themselves.

Court supported the student.

Term
Jacobs v. Barber (2008)
Definition
Mandatory student uniform policy does not entail compelled speech.
Term
PARC v. Pennsylvania (1971)
Definition

 Class action suit filed on behalf of all who fall under the classification of mentally handicapped.

Supreme Court said we need to provide services for people who physically or mentally handicapped

Term
Mills v. DC (1972)
Definition

Same as PARC v. Pennsylvania (1971)

 Class action suit filed on behalf of all who fall under the classification of mentally handicapped.

Supreme Court said we need to provide services for people who physically or mentally handicapped

Term
Board v. Bowley (1982)
Definition

Special Ed Services were provided to a student

Parents said the school wasn't doing enough for their child

Supreme Court said that the school doesn't have to provide the best program; just provide a "floor of opportunity"

Term
Alamo Heights Independent School District v. State Board (1986)
Definition

A student was not capable of maintaining growth during summer vacation.

Under IEP, continuous services during the summer were reccomended.Alamo Heights said they could not afford that service.

Court said they had to pay for it regardless

Term
Sacramento City v. Rachel H. (1994)
Definition

Parents of Rachel H. did not like where she was placed.

Court looked at it and created the Holland Test

- Is the placement where the school places the kid.

1) Is the kid making academic progress

2) Is the kid gaining social benefits

3) What is the effect on the regular classroom

4) Does it cost to much to provide this service

Term
Poolaw v. Bishop (1995)
Definition

Deaf child in a rural envioment.

Parents wanted him in a regular school instead of a eaf school.

District could not have the kid because they could not find a local deaf special education teacher.

District ruled that the appropriate place for the child was in a deaf school

Term
Cedar Rapids Community School District v. Garret F. (1999)
Definition

Garret F. required a full time nurse to attend school.

Cedar Rapids said it was beyond their ability to provide (Costs to much)

Court said the student needed the services, therefor the school would provide them.

Term
Hoing v. Doe (1988)
Definition

District didn't want a kid because it was "Not working out"

Parents objected to moving the child.

Supreme COurt said you cannot change a childs placement without parental concent.

Term
Ratner v. Loudon County (2002)
Definition

Kid had a friend with emotional/suicidal problems.

Kid talks his friend out of killing herself with a knife and hides the knife in his locker.

Principal finds out and punishes student.

Assistant Principal said, while the student was being a "good person" it still violated the no weapons policy.

Term
Ingraham v. Wright (1977)
Definition
Corporal punishment does not violate the 8th amendment
Term
Hall v. Tawney (1977)
Definition
Can't leave bruises.
Term
State v. Stein (1969)
Definition

Lockers belong to the school

Therefor students have no expectation of privacy in a school locker

Term
United States v. Place (1983)
Definition
You can use dogs to sniff luggage
Term
Doe v. Little Rock (2004)
Definition

School lined up students and randomly did searches.

Became suspicious of certain students and did a strip search.

Court said that the search was not a good idea because it was a random search without individualized suspicion.

Term
Commonwealth v. Cass
Definition

Driver hit a pregnant woman and the fetus died as a result.

Court ruled that the fetus was indeed a "person"

Convicted the driver with vehicular manslaughter

Term
People v. Pruitt
Definition

Defendant argued he was entitled to custody credit for the time between his arrest and revocation of his probation.

Court ruled he did not have rights to his property (burglary tools and recipts of stolen goods)

Term
Vernonia School District v. Acton
Definition

School district required student athletes to submit to a drug test.

a student refused to sign the consent form saying it violated his fourth and fourteenth amendments.

U.S. Constitution ammends the fourth.

Term
Brewer v. Austin Independent School District
Definition

Student was suspended for school because of drug possesion.

Student filed suit saying he was denied due process.

Court ruled that the student's hearing was sufficient die process.

Term
Taylor v. Eunumclaw
Definition

Student was put on academic and athletic suspension for use of alcohol and tabacco.

Father cahllenged saying he didn't have opportunity to defend himself

Court said that was not a valid reason

Term
Board of Education v. Earls
Definition

Student contented that the board's drug testing policy was unconstitutional since it failed to identify a special need for testing students who played sports.

Drug testing policy was reversed

Term
Carey v. Piphus
Definition

Plantiff sued saying he was injured due to lack of due process and sought compensation.

Court ruled he was not eligable for compensation.

Term
Wood v. Strickland
Definition
Students sued school board members claiming their due process rights were infringed upon by their expulsion from school
Term
Lavine v. Blanie School District
Definition

Student showed teacher a poem about shooting students.

Student was placed on emergency expulsion and wasn't allowed back into school untl a psychiatric examination.

The expulsion didnot violate the students first amendment rights.

Court ruled in faovir of school

Term
Tomczik v. State Tenure Comm
Definition

Teacher was frequently violent towards students.

School asked the teacher to leave, but he filed a complaint stating that he had tenure.

School board and court ruled in favor of the school that they had just cause to fire the teacher,

Term
Keogh v. Tate County Board of Education
Definition

Student appealed his suspension stating his due process rights were violated.

Court ruled that the meetings with the principal counted as due process and therefore denied the students complaint.

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