Court system Flashcards
True or false,
Goss v. Lopez
was a unanimous decision?
False
5 to 4 vote
The Supreme Court has held that
corporal punishment may violate
the Eighth Amendment’s
ban on cruel and unusual punishments.
False
Was Denied
8.32 Ingram v Wright
List to five procedural due process rights and describe each in a sentence.
- Notice, written or verbal of allegation, evidence of, and rule broken
- Hearing, presentation of facts and evidence
- Appeal, right to appeal for different decision
- Confront. Right to be present when witness brought against you.
- Testify, Right to share my side of story
Goss v Lopez
requires at minimum
that the student be
given notice
and an opportunity to be heard.
Yes
How does a case get to the Supreme Court?
By petition
justices vote
whether it should receive an opinion
needs 4 votes to
get cert.
What is the structure of the federal court system?
Mandated reporters are expected to do a reasonable amount of investigation before reporting.
False
8.43
Mandated child abuse reporters
must report abuse
they learn about when
engaged in private activities.
False
8.43, 8.44
What is due process?
Very bare minimum
Notice
and
Hearing
Goss v Lopez
requires the hearing to always
precede the suspension.
No
Goss v Lopez
Requires a hearing to be formal.
False
What are the main concerns of
Pickering v Board of Ed?
Free Speech applies to teacher
Court used
Balancing test and CSI
Applies if it is a matter of public concern
What do the first ten amendments protect citizens from?
Rights that protect cizens
from the Federal government.
14th amendment
specifically applies to the State.
List the Supreme Court Justices in order.
- John Roberts C
- Scalia C
- Kennedy c
- Thomas C
- Ginsburg L
- Breyer ml
- Alito Jr. C
- Sotomayor L
- Kagen L
List the 3 levels of the court
at the State level.
Supreme
Appellate
Trial
Work output of
SCOTUS
How many opinions a year?
How does a case get to court?
Why are opinions getting longer?
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.
What was the outcome of
*Edwards v Aguillard *
on the
balanced treatment
of evolution & creation?
What was the
key decision?
rulled against equal treatment.
on the grounds that
creation-science is a religious doctrine.
Trace Free Exercise changes through
- Wisconsin v Yoder*
- Employment division v Smith*
- City of Boerne v Florez*
Wisconsin v Yoder
Compelling State Interest
*Employment division v Smith *
Rational Basis
City of Boerne v Florez
Rational Basis
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?
Classification Justificaion
ordinary Rational Basis
Creates a hardship
In Pico
why did the S.C. rule
removal of books
unconstitutional?
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.
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*
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
