Shared Flashcard Set

Details

Federal Law
essential laws and terms
12
Law
Graduate
09/11/2008

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Cards

Term
4th amendment
Definition
illegal search and seizure
Term
5th amendment
Definition
due process
Term
8th amendment
Definition
cruel and unusual punishment (did not apply)
Term
*10th amendment
Definition
Power not specifically stated to be Federal gov't is given to states
Term
14th amendment
Definition
Due Process / equal protection
Term
Freedom of Speech - federal law case history
Definition
Tinker: suspicion of school interference does not overcome freedom of expression Bethel:...unless it's lewd Sherman - can't force pledge of allegience
Term
Due Process for kids
Definition
Goss v. lopez: suspension needs notice and opportunity for due process through hearing Gonzales v. McEven: The greater the taking, the more procedures must be in place. Allan vs. Cooper: due process does not extend to private schools
Term
freedom of speech court cases for teachers
Definition
Pickering - we have rights Doyle - but not in lieu of poor performance
Term
Academic freedom
Definition
Fowler (fowl movie) isn't teaching Wilson case (well represented poli sci, community can't overrule teacher's freedom of speech... prior restraint tied back w/Tinker
Term
1st amendment teachers
Definition
Pickering- yes freedom of speech Doyle - no reason to give tenure Academic freedom Fowler - fowl movie Wilson - polisci communist E. Hartford X 2 Brimley - tie not freedom of expression
Term
general welfare
Definition
located in preamble (art 1 section 8)
Term
13th amendment
Definition
slavery
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