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EDAD 574 > Court system > Flashcards

Court system Flashcards

0
Q

True or false,

Goss v. Lopez

was a unanimous decision?

A

False

5 to 4 vote

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0
Q

The Supreme Court has held that

corporal punishment may violate

the Eighth Amendment’s

ban on cruel and unusual punishments.

A

False

Was Denied

8.32 Ingram v Wright

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1
Q

List to five procedural due process rights and describe each in a sentence.

A
  1. Notice, written or verbal of allegation, evidence of, and rule broken
  2. Hearing, presentation of facts and evidence
  3. Appeal, right to appeal for different decision
  4. Confront. Right to be present when witness brought against you.
  5. Testify, Right to share my side of story
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2
Q

Goss v Lopez

requires at minimum

that the student be

given notice

and an opportunity to be heard.

A

Yes

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4
Q

How does a case get to the Supreme Court?

A

By petition

justices vote

whether it should receive an opinion

needs 4 votes to

get cert.

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5
Q

What is the structure of the federal court system?

A
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6
Q

Mandated reporters are expected to do a reasonable amount of investigation before reporting.

A

False

8.43

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7
Q

Mandated child abuse reporters

must report abuse

they learn about when

engaged in private activities.

A

False

8.43, 8.44

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9
Q

What is due process?

A

Very bare minimum

Notice

and

Hearing

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10
Q

Goss v Lopez

requires the hearing to always

precede the suspension.

A

No

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11
Q

Goss v Lopez

Requires a hearing to be formal.

A

False

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12
Q

What are the main concerns of

Pickering v Board of Ed?

A

Free Speech applies to teacher

Court used

Balancing test and CSI

Applies if it is a matter of public concern

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13
Q

What do the first ten amendments protect citizens from?

A

Rights that protect cizens

from the Federal government.

14th amendment

specifically applies to the State.

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14
Q

List the Supreme Court Justices in order.

A
  1. John Roberts C
  2. ​Scalia C
  3. Kennedy c
  4. Thomas C
  5. Ginsburg L
  6. Breyer ml
  7. Alito Jr. C
  8. Sotomayor L
  9. Kagen L
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15
Q

List the 3 levels of the court

at the State level.

A

Supreme

Appellate

Trial

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16
Q

Work output of

SCOTUS

How many opinions a year?

How does a case get to court?

Why are opinions getting longer?

A

90 Cases a year

A case is petitioned and then voted for acceptance.

If accepted it is (granted cert). 4 votes.

Then a hearing is held.

Opinions are longer because of computers

everyone wants to get published.

17
Q

What was the outcome of

*Edwards v Aguillard *

on the

balanced treatment

of evolution & creation?

What was the

key decision?

A

rulled against equal treatment.

on the grounds that

creation-science is a religious doctrine.

18
Q

Trace Free Exercise changes through

  • Wisconsin v Yoder*
  • Employment division v Smith*
  • City of Boerne v Florez*
A

Wisconsin v Yoder

Compelling State Interest

*Employment division v Smith *

Rational Basis

City of Boerne v Florez

Rational Basis

19
Q

What classification was used in

Plyler v Doe?

How did the court reach the decision that

excluding children

from a free public education

was unconstitutional?

A

Classification Justificaion

ordinary Rational Basis

Creates a hardship

20
Q

In Pico

why did the S.C. rule

removal of books

unconstitutional?

A

In removal of a book it must be shown

that it was not because of personal disagreement of the content.

This case is in regards to censorship.

21
Q

Trace the free speech law in schools through

Tinker v. Des Moines Ind. Com. S.D. (1969)

  • Bethel S.D. v Fraser (1986)*
  • Hazelwood S.D. v Kuhlmeier*
  • Morse v Frederick*
  • Christian Legal Society v Martinez*
A

Tinker v. Des Moines Ind. Com. S.D. (1969)

Students hav 1st amend right of free speech

Bethel S.D. v Fraser (1986)

Excluding Double entrendes

vulgar or indecent language

Hazelwood S.D. v Kuhlmeier

excluding School News Paper

Morse v Frederick

excluding Drug Speach

Christian Legal Society v Martinez

non-discrimination trumps speach

all comers

EDAD 574 (3 decks)

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